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Assault and Threatening Charges

R. v. V.L. – Vancouver Provincial Youth Court

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Charge: Assault.

Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with criminal charges.

Result: After providing Crown counsel with our client’s  positive psychological counselling report, Mr. Gauthier  was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. v. D.N. – Vancouver Provincial Court

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Charges: Robbery, Assault With Weapon x 2, Assault Causing Bodily Harm

Issue: Whether the Crown could prove beyond a reasonable doubt that it was our client who had committed the offences.

Result: Mr. Johnston was able to persuade Crown counsel that there was no reasonable likelihood our client could be identified as the person captured on video committing the offences. If our client were convicted at trial, the Crown would have asked the court to impose a sentence of 2 years’ jail or more. Instead, the Crown directed a stay of proceedings rather than continuing the criminal prosecution. No record. No further jail.

R. v. C.J.X. – Richmond Provincial Court

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Charges:  Assault with a Weapon.

Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with criminal charges.

Result: After providing Crown counsel with our client’s  positive psychological counselling report, Mr. Gauthier  was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. v. B.E. – Surrey Provincial Court

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Charges: Assault (domestic) x2.

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.

Result: Mr. Mines was able to provide information to Crown counsel on our client’s behalf and ultimately persuaded Crown to enter a stay of proceedings. No criminal record.

R. v. D.S. – Whitehorse Yukon Territorial Court

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Charge: Section 810 Recognizance (Peace Bond) Application.

Issue: Whether the Informant could prove her allegations on a balance of probabilities.

Result: After Mr. Gauthier’ communications with the Informant, she declined to advance the case and, on the day of the trial, the court withdrew the Application. No record.

R. v. Q.D.T. – Vancouver Provincial Court

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Charge: Assault.

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue the criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to allow our client into the Alternative Measures program. Upon completion of Alternative Measures, Crown enteresd a stay of proceedings. No criminal record.

R. v. M.G. – Nanaimo Provincial Court

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Charges: Sexual Assault; Theft of Motor Vehicle x2; Break & Enter.

Issue: Whether or not it was in the public interest to proceed with the trial considering the reluctance oft the Crown’s central witness and rehabilitative steps we were able to guide our client through.

Result: Mr. Gauthier was able to provide information to Crown counsel that ultimately led to a stay of proceedings on all counts. No criminal record.

R. v. S.G. – Port Coquitlam Provincial Court

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Charges: Obstruct peace officer.

Issue: Whether it was in the public interest to continue with a criminal prosecution.

Result: Given our client’s remorse and rehabilitation, Mr. Gauthier was able to persuade Crown counsel to divert our client into the Alternative Measures Program and to withdraw the charge. No criminal record.

R. v. S.M. – Surrey Provincial Court

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Charges: Uttering Threats (domestic).

Issue: Given the circumstances of the incident and our client’s background, whether it was in the public interest to proceed with the charge.

Result: Considering our client’s unblemished history awaiting trial,  Mr. Gauthier was able to persuade Crown counsel to withdraw the charge. No criminal record.

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

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Charge: Assault (domestic).

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to provide relevant information to Crown on our client’s behalf which resulted in Crown entering a stay of proceedings. No criminal record.

R. v. E.C. – Vancouver Provincial Court

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Charge: Assault with Weapon.
Issue: Whether the Crown could prove our client was the individual who committed the offence.
Result: Our client was charged with assaulting the victim with a sword. The sole issue at trial was whether Crown could prove the identity of the attacker.  After Mr. Johnston‘s cross-examinaton of the Crown witnesses at trial, the trial judge found that our client could not be identified on the video or by eyewitnesses. Not guilty. No criminal record.

R. vs. D.A. – Kelowna Provincial Court

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Charges: Assault with a Weapon; Obstruct Police Officer.

Issue: Despite the very serious nature of the offence (threatening to cause serious harm at knifepoint) whether a jail sentence was the appropriate sentence.

Result: Mr. Gauthier was able to direct our client through an intensive course of rehabilitation, and was ultimately able to persuade Crown counsel and the Court to grant our client a conditional sentece to be served in the community in a residential tratment facility. No jail.

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