• False Creek at night

Our Successes

Assault and Threatening Charges

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

Charge: Assault with a weapon.

Issue: Whether there was a substantial likelihood of a conviction.

Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown deciding to end the prosecution not approve any charges.  No criminal record.

R. vs. B.L. – Vancouver Provincial Court

Charges: Assault, Unlawful Confinement, Communicating for the Purpose of Obtaining Sexual Services

Issues: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution.

Result: Mr. Johnston provided information to Crown counsel about our client’s personal circumstances and the circumstances of the alleged offences, as well as references to applicable legal principles, which persuaded Crown counsel to accept a guilty plea to the Assault charge alone and to direct stays of proceedings on the remaining counts. The Crown and court also agreed with Mr. Johnston that a conditional discharge was an appropriate sentence. No jail. No criminal record.

R. vs. J.L. – UBC RCMP Investigation

Charges: Assault.

Issue: Whether there was a substantial likelihood of obtaining a criminal conviction and whether it was in the public interest for police to recommend charges.

Result: Mr. Gauthier was able to provide information to police whic resulted in police closing their investigation. No charges recommended. No criminal record.

R. vs. N.R. – Sechelt Provincial Court

Charge: Assault Causing Bodily Harm.

Issue: Whether it was in the pubic interest for our client to be sentenced to a conditional discharge for this offence which resulted in a serious facial cut to the complainant.

Result: Mr. Mines was able to steer our client through a course of rehabilitation and, after hearing Mr. Mines’ submissions, the Judge granted our client a conditional discharge. No conviction. No jail.

R. vs. S.K. – Surrey Provincial Court

Charges: Assault; Assault with a Weapon, Breach of a Release Order.

Issue: Whether our client could be released on bail given Crown’s concerns for his willingness to attend court and potential to commit further offences.

Result: Mr. Johnston was able to persuade the Judge to release our client on the least onerous conditions.

R. v. S.C. – Vancouver Police Investigation

Charge: Assault.

Issue: Whether there was credible evidence that would meet the charge approval standard.

Result: Mr. Gauthier provided information to the investigating officer that led the investigator to conclude that our client was not chargeable with a criminal offence. No charge approved. No criminal record.

R. vs. C.K. – Richmond Provincial Court

Charges: Assault; Forcible Confinement (domestic).

Issue: Given the rehabilitative steps we were able to guide our through, whether it was in the public interest for our client to be sentenced to a criminal record.

Result: Mr. Gauthier was able to persuade Crown to proceed only on the assault charge and, after hearing Mr. Gauthier’s submissions, the Court granted our client a conditional discharge. No criminal conviction.

R. vs. E.W. – Fort Nelson Provincial Court

Charge: Assault (domestic).

Issue: Whether there was a substantial likelihood of a criminal conviction.

Result: Upon reviewing the allegations, Mr. Mines made representations to Crown counsel resulting in Crown agreeing that there was no reasonable prospect of convicting our client. No charges were approved. No criminal record.

R. vs. H.K. – Vancouver Provincial Court

Charges: Assault Peace Officer; Mischief Under $5000.

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

Result: Mr. Gauthier was able to  persuade Crown counsel to allow our client into the Alternative Measures Program and to enter a stay of proceedings on both charges upon our client completing the program. No criminal record.

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

Charge: Mischief Causing Danger to Life.

Issue: Given the medical evidence Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

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

Charges: Breaking & Entering; Unlawful Confinement; Assault.

Issue: Whether it was in the public interest for the prosecution to continue against our client, a U.S. citizen who was in Canada on a visitor’s visa.

Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on all charges upon our client agreeing to a Deportation Order. No criminal record.

R. vs. L.A. – New Westminster Provincial Court

Charge: Breach of Probation (from domestic assault charge).

Issue: Whether it was in the public interest to prosecute our client for failing to report and complete counselling.

Result: Mr. Gauthier was able to guide our client back onto an alternative course of rehabilitation and persuaded Crown counsel to enter a stay of proceedings. No criminal conviction.