Our Successes
The vast majority of our clients’ cases are resolved favourably.
R. v. N.S. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharge: Theft under $5000 (shoplifting).
Issue: Given our client’s background and remorse, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to admit our client into the Alternative Measures program. Upon completion, Crown counsel entered a stay of proceedings, bringing the matter to an end. No criminal conviction.
R. v. N.S. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharges: Theft Under $5,000 (shoplifting).
Issue: Given our client’s background, was it in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures Program and, upon our client’s completion of the program, Crown entered a stay of proceedings. No criminal record.
R. v. C.G. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharges: Fraud (in the range of $50,000).
Issue: Based on information Mr. Gauthier was able to provide to the civil investigators about our client’s personal circumstances, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to settle the matter civilly on our client’s behalf. No charges were recommended. No criminal record.
R. v. B.X. – Surrey Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Assault; Sexual Assault.
Issue: Whether the complainant was a credible and reliable witness.
Result: Upon hearing Mr. Mines’ submissions on our client’s behalf at the conclusion of the trial, the Court found our client not guilty on both counts. Acquittal. No criminal record.
R. v. A.L. – North Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharge: Sexual assault.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to steer our client through the police investigation by providing information to police on our client’s behalf. Ultimately, Crown counsel decided to not approve any criminal charge. No jail; no criminal record.
R. v. A.Z. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault (domestic).
Issue: Given information we provided to Crown counsel regarding our client’s background, the circumstances of the incident and the complainant’s wishes, whether there was a public interest in proceeding with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings, bringing the case to an end. No criminal record.
R. v. I.R. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual assault, assault x 2
Issues: Whether a jail sentence was appropriate in all the circumstances, and whether our client should be excused from having to register as a sex offender.
Result: Upon hearing Mr. Johnston’s submissions regarding our client’s personal circumstances, rehabilitative progress, and the unusual nature of the offences, the Court imposed a sentence of probation, rather than the conditional sentence the Crown had sought. For the same reasons, the Court also agreed to excuse our client from the usual requirement of having to register as a sex offender.
R. v. R.A.M. – Vancouver Provincial Court
/in All Successes, Property Offences, Weapons Offences/by Mike MinesCharge: Robbery, uttering threats, possessing a weapon for a dangerous purpose
Issues: Whether there was a reasonable chance our client would be convicted at trial, and whether there was public interest in continuing to prosecute our client
Result: Given Mr. Johnston’s representations on behalf of our client and the unusual circumstances of the offence, the Crown agreed there would be difficulty establishing our client was the one who committed the alleged offences, and that it was not in the public interest to continue prosecuting our client. Stay of proceedings. No criminal record.
R. v. M.M. – Merritt Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault, breach of release order (x3)
Issue: Whether there was a reasonable prospect our client could be convicted of all charges at trial, and what the appropriate sentence would be.
Result: Mr. Johnston persuaded the Crown they were unlikely to prove most of the charges at trial given issues with the credibility and reliability of Crown witnesses and the fact our client had a valid defence to one of the charges. Our client pled guilty to one count of breach, which he had been prepared to admit from the outset, and the Crown directed stays of proceedings on all other counts. Given information Mr. Johnston provided about our client’s circumstances at the time of the offences and his rehabilitative efforts since, the Crown also agreed to support a time-served sentence with no probation, even though our client had a lengthy criminal record and had recently been convicted of several breaches for which he had received far longer jail sentences. No further jail. No probation.
R. v. T.H. – Port Coquitlam Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual Assault (reduced to Peace Bond).
Issue: Whether the complainant’s evidence would be credible and reliable in this historic sexual assault allegation. Also, whether there was a public interest in continuing the prosecution against our client who was a youth at the time of the allegations.
Result: Mr. Gauthier was able to provide information to Crown counsel about our client’s circumstances and the circumstances of the incident. He persuaded Crown to make a peace bond application, rather than continuing the criminal prosecution. Stay of Proceedings. No criminal record.
R. v. Y.T. – Richmond Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault; Assault by Choking.
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.K. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges, Property Offences/by Mike MinesCharges: Forcible Entry; Assault.
Issue: Given our client’s personal circumstances and the circumstances of the alleged incident, whether ther was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.
Result: Upon considering the information provided and representations made by Mr. Gauthier, Crown counsel directed a stay of proceedings, brining the matter to an end. no criminal record.
