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Assault and Threatening Charges

R. vs. G.W. – North Vancouver RCMP Investigation

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Charge: Assault with a weapon.

Issue: Whether there was sufficient evidence to support a criminal prosecution.

Result: Mr. Johnson was able collect information from a defence witness and represent to police that our client should not  be prosecuted. Police concluded their investigation without recommending any criminal charge against our client. No criminal record.

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

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Charge: Assault with a Weapon.

Issue: Given the rehabilitative steps we directed our client to complete, whether it was in the public interest to proceed with the criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to not approve any charge prior to the scheduled first court appearance. No criminal record.

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

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Charges: Assault with a Weapon (x2).

Issue: Whether it was in the public interest for the court to grant our client a conditional discharge.

Result: Mr. Mines was able to direct our client through a course of rehabilitative counselling, and after hearing Mr. Mines’ submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

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

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Charges: Assault (domestic).

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

Result: Mr. Mines was able to persuade Crown counsel to amend the bail condition to allow “permissive contact” with the complainant, and after providing Crown with a report from our client’s psychologist Crown counsel ended the prosecution. Stay of proceedings. No criminal record.

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

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Charge: Assault.

Issue: Whether it was appropriate for our client to receive a suspended sentence despite having two prior assault convictions.

Result: After hearing Mr. Mines’ submissions, the trial judge granted our client a suspended sentence with 12 months of ” non reporting” probation.  No jail.

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

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Charges: Assault.

Issue: Given the Covid-19 pandemic, whether it was appropriate to refer our client into the Alternative Measures Program for this assault by spitting offence.

Result: Mr. Mines was able to provide Crown counsel with compelling information about our client which resulted in Crown allowing our client into Alternative Measures and staying the charge upon our client completing the program. No criminal record.

R. vs. T.F. – Surrey Provincial Court

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Charges: Assault with a Weapon; Uttering Threats x2; Unlawful Confinement.

Issues: Whether Crown could prove that a weapon was used or that the complainant was unlawfully confined.

Result: Mr. Mines was able to persuade Crown counsel to accept pleas to the lesser charges of common assault and uttering a threat. After hearing Mr. Mines’ submissions on our client’s behalf, the trail judge granted our client a conditional discharge. No jail; no permanent criminal record.

R. vs. J.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 it was in the public interest to continue with the criminal prosecution.

Result: Mr. Johnson was able to persuade Crown counsel to enter a stay of proceedings on the assault charge upon you entering into a s. 810 peace bond. No criminal record.

R. vs. D.P. – Vancouver provincial Court

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Charge: Uttering a Threat (reduced to Peace Bond).

Issues: Whether the words uttered were clearly a threat or not.

Result: Mr. Mines was able to persuade Crown counsel that the words were vague. Crown agreed to end the criminal prosecution upon our client entering into a Peace Bond with a “no contact” condition. No criminal record.

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

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Charges: Assault, Uttering Threats.

Issue: Given the context of this threatening and assault by spitting offence, whether it was appropriate for our client to be convicted.

Result: Mr. Gauthier provided additional information to the Crown and the Court about our client and was able to persuade the judge to grant our client a conditional discharge. No criminal conviction.

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

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Charges: Assault Causing Bodily Harm; Choking; Uttering Threats (domestic).

Issue: Whether the complainant’s allegation was credible, given the alibi evidence Mr. Johnson was able to provide to Crown counsel.

Result: Based on Mr. Johnson’s representations, Crown counsel entered a stay of proceedings on all charges. No jail. No criminal record.

R. vs. L.J.A. – New Westminter Provincial Court

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Charges: Assault Causing Bodily Harm, Threatening, Mischief to property, Resist Arrest.

Issue: Whether our client would be sentenced to the 4 month jail sentence Crown was seeking.

Result: On the eve of the trial date, Mr. Mines was able to persuade Crown to only proceed on the assault causing bodily harm charge and, after hearing Mr. Mines’ submissions, the court granted our client a suspended sentence. Crown stayed the remaining charges. No jail.

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