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Assault and Threatening Charges

R. vs. O.A. – Surrey Provincial Court

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Charge: Assault (domestic).

Issue: Given the lack of clarity in the complainant’s statement, whether it was appropriate for Crown counsel to continue with the prosecution.

Result: Mr. Mines was able to persuade the investigating  RCMP officer to not forward any charge to Crown counsel. No criminal record.

R. vs. A.U. – Vancouver Provincial Court

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Charges: Sexual Assault; Assault; Theft Under; Breach of Undertaking.

Issue: Given our client’s circumstances and the circumstances of the allegations, whether it was in the public interest for Crown to proceed with all charges.

Result: Mr. Mines was able to persuade Crown counsel to proceed only on the assault charge and to stay proceedings on all other charges. After considering Mr. mines’ submissions, the Court granted our client a conditional discharge and placed him on probation for 12 months. No criminal conviction.

R. vs. V.P. – Vancouver Provincial Court

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Charges: Assault with a Weapon; Assault Police Officer.

Issue: Given some weakness in the assault with weapon charge and the rehabilitative steps our client had taken, whether it was appropriate for the Crown to seek the jail sentence they were originally seeking.

Result: Mr. Johnson was able to persuade Crown counsel to enter a stay of proceedings on the AWW charge and to jointly seek a conditional discharge on the assault police officer charge. No jail. No criminal conviction.

R. vs. A.N. – Vancouver Provincial Court

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Charges: Assault with a Weapon.

Issue: Given the rehabilitative steps we guided our client through, whether it was in the public interest for Crown to seek a conviction on this charge.

Result: Mr. Johnson was able to persuade Crown to permit our client to plead to the lesser offence of common assault. After hearing Mr. Johnson’s submissions, the court granted our client a conditional discharge. No criminal conviction.

R. vs. J.J. – Richmond Provincial Court

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Charges: Assault Causing Bodily Harm.

Issue: Whether there was a substantial likelihood of  the Crown being able to prove that bodily harm occurred.

Result: Mr. Johnson persuaded Crown to permit our client to plead to the lesser offence of common assault. After hearing Mr. Johnson’s submissions, the court granted our client a conditional discharge. No criminal conviction.

R. vs. S.W. – Vancouver Provincial Court

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Charge: Assault (domestic).

Issue: Given that the complainant had instigated the altercation, whether it was in the public interest for our client to be convicted of the offence.

Result: We were able to guide our client through a course of rehabilitation and, after hearing Mr. Mines’ submissions, the Court granted our client a conditional discharge and placed him on a non-reporting probation order for six months. No criminal conviction.

R. vs. J.S. – North Vancouver Provincial Court

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Charge: Assault Causing Bodily Harm (domestic).

Issue: Whether the Crown could prove that bodily harm resulted and, whether the rehabilitative steps our client had taken justified the Court granting a conditional discharge.

Result: Mr. Mines was able to persuade Crown counsel to proceed on the charge of common assault. After hearing Mr. Mines’ submissions, the Court granted our client a conditional discharge. No criminal conviction.

R. vs. C.M. – North Vancouver Provincial Court

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Charge: Assault; Threatening.

Issue: Whether there was a substantial likelihood of conviction in this alleged “road rage” case.

Result: Mr. Johnson was able to provide information to Crown counsel on our client’s behalf that led Crown to conclude there was no substantial likelihood of conviction. No charge approved. No criminal record.

R. vs. R.L. – Surrey Provincial Court

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Charge: Assault (domestic).

Issue: Given the rehabilitative steps we were able to guide our client through, whether our client would be convicted of assaulting his son.

Result: Notwithstanding the breach of trust, after hearing Mr. Mines’ submissions, the court granted our client a 12 month conditional discharge. No criminal record.

R. vs. S.B. – New Westminster Provincial Court

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Charge: Public Mischief x2; Assault Police Officer.

Issue: Given our client’s personal circumstances and his rehabilitation, whether there was a public interest in proceeding with the criminal prosecution.

Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures Program and, upon its completion, to direct a stay of proceedings. No criminal record.

R. v. A.M. – Vancouver Provincial Court

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Charge: Assault.

Issue: Whether it was in the public interest to proceed with the prosecution.

Result: Mr. Mines was able to guide our client through a course of rehabilitative steps and was then able to persuade Crown counsel to direct a stay of proceedings. no criminal record.

R. vs. M. P. – Vancouver Provincial Court

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Charge: Assault Police Officer, Obstruct Police Officer.

Issue: Whether, in the circumstances, the police lawfully arrested our client.

Result: Mr. Mines was able to persuade Crown counsel that the arrest was unlawful and that, therefore, our client was able to resist the arrest. Stay of Proceedings prior to trial. No criminal record.

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