Our Successes
The vast majority of our clients’ cases are resolved favourably.
R. vs. G.V. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault; Uttering Threats.
Issue: Whether there was sufficient evidence for criminal charges to be approved.
Result: Mr. Mines was able to provide Crown counsel with additional information and persuaded Crown that it was not in the public interest to proceed with any criminal charges.
R. vs. M.H.E. – Abbotsford Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to provide information to Crown counsel regarding our client’s circumstances and was able to persuade Crown that there was no public interest in proceeding with a criminal prosecution. No criminal record.
R. vs. E.C. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual Assault; Assault.
Issue: Given the rehabilitative steps we guided our client through, the nature of the sex assault itself and our client’s true remorse, whether a jail sentence or house arrest were required.
Result: Mr. Mines was able to persuade Crown counsel to make a joint submission for a conditional discharge. After hearing Mr. Mines’ submissions on our client’s behalf, the trial judge granted our client the discharge. No jail or house arrest. No criminal conviction.
R. vs. N. O. – Courtenay Provincial Court
/in Assault & Threatening Charges, All Successes/by Mike MinesCharges: Assault Causing Bodily Harm x2; Assault x3.
Issues: Whether there was a substantial likelihood of a conviction.
Result: Mr. Gauthier was able to provide information to Crown counsel which cast the complainant’s credibility and reliability into doubt. The Crown made an adjournment application which Mr. Gauthier opposed. Mr. Gauthier was able to persuade Crown to stay all of the criminal charges upon our client entering into a Peace Bond. No jail; No criminal record.
R. v. K.T. – Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharges: Fraud Under $5000.
Issue: Given our client’s repayment of the alleged fraudulent health insurance benefit claims, whether it was in the public interest to proceed with criminal charges.
Result: Mr. Mines was able settle the matter on our client’s behalf and received a Release from the insurer ending the matter without any further civil or criminal proceeding. No charges were approved.
R. vs. A.H. – Vancouver Supreme Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Sentence Appeal – Forcible entry; Assault with a weapon.
Issue: Whether the Supreme Court would uphold our client’s conditional discharge that was granted to our client by the Provincial Court.
Result: After hearing Mr. Gauthier’s submissions on this sentence appeal, the Supreme Court justice agreed with Mr. Gautier and ruled that the sentence was appropriate in all the circumstances. The court dismissed the Crown’s appeal. The conditional discharge was upheld.
R. v. J.F. – Dawson Creek Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharge: Sexual Assault.
Issue: The credibility of the complainant’s testimony during this three day trial.
Result: After vigorous cross examination of the complainant and another Crown eyewitness, Mr. Gauthier made submissions which were accepted by the trial judge. The court found our client to be not guilty and aquitted him of the charge. No jail. No criminal record.
R. vs. D.C. – Port Coquitlam Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual Assault (x2).
Issue: In the circumstances of these historic charges and our client’s rehabilitation, whether a community based sentence was appropriate.
Result: Notwithstanding that Crown counsel sought a 20 month jail sentence, the trial judge agreed with Mr. Mines’ submission that, in the circumstances of our client’s genuine remorse and rehabilitation, it was appropriate to grant a conditional sentence of 21 months. No jail.
R. vs. G.S. – North Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: 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 prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings, brining the matter to an end. No criminal record.
B.G. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharge: Theft/Fraud Over $5000 (from employer).
Issue: Given the self rehabilitation and civil settlement made by our client, whether a non-custodial sentence was appropriate in this $60,000 theft from employer case.
Result: Mr. Gauthier was able to persuade the Court that the appropriate sentence was an 18 month community-based sentence with 6 months of house arrest. No jail.
R. vs. J.C. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for Crown counsel to continue the prosecution.
Result: Mr. Mines was able to provide new information to Crown and was ultimately able to persuade Crown to enter a stay of proceedings. No criminal record.
R. vs. S.L. – Insurance Fraud Investigation
/in Theft & Fraud/by Mike MinesCharge: Fraud Over $5000.
Issue: Given our client’s settlement of the fraud claim by paying funds back on a “without prejudice” basis, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the investigator to not forward any report for charge assessment. No charges were approved. No criminal record.