Our Successes
The vast majority of our clients’ cases are resolved favourably.
R. v. L.M. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief Over $5000.
Issue: Whether Crown could prove the value of damage alleged to have been caused by our client.
Result: Mr. Mines was able to persuade Crown counsel that they could not accurately prove the value of damage, and that our client had taken appropriate steps of self-rehabilitation. Crown elected to not approve any charges. No criminal record.
R. v. H.K. – Port Coquitlam Provincial Court
/in All Successes, Assault & Threatening Charges, Driving Cases/by Mike MinesCharge: Assault.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this “road rage” case.
Result: Mr. Mines was able to provide information to Crown counsel about our client’s personal circumstances and the circumstances of the incident which resulted in Crown staying the charge after our client completed Alternative Measures. No criminal record.
R. v. J.S. – North Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Uttering Threats (x3).
Issue: Whether or not our client was entitled to be sentenced to a conditional discharge rather than being convicted of this offence.
Result: Upon hearing Mr. Gauthier’s submissions on our client’s behalf, the Court granted our client a conditional discharge rather than entering a conviction. No criminal record.
R. v. S.G. – Surrey Provincial Court
/in All Successes, Assault & Threatening Charges, Property Offences/by Mike MinesCharges: Assault; Mischief.
Issue: Given the rehabilitative steps that we guided our client through and advocating on her behalf that there was a reasonable self defence issue, whether there was a substantial likelihood of securing a conviction.
Result: Mr. Gauthier was able to persuade Crown counsel that there was no substantial likelihood of a conviction. Ultimately Crown entered a stay of proceedings. No criminal conviction. No criminal record.
R. v. K.B.K. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges, Weapons Offences/by Mike MinesCharges: Assault with a Prohibited Weapon.
Issue: Given our client’s background, his rehabilitative success and the circumstances of the incident, whether there was a public interest in continuing with the prosecution.
Result: Mr. Mines was able to guide our client through counselling and was ultimately able to persuade Crown counsel to allow our client into the Alternative Measures Program. Upon our completion of Alternative Measures, Crown counsel entered a stay of proceedings, bringing this matter to an end. No criminal record.
R. v. C.B.S. – Richmond Provincial Court
/in Assault & Threatening Charges, All Successes, Sexual Offence Cases/by Mike MinesCharges: B&E; Assault; Distribute Intimate Images.
Issue: Whether the Crown could comply with a defence disclosure request and possibly face a Charter application to have charges stayed due to unreasonable delay.
Result: On the eve of the trial, Mr. Mines was able to persuade Crown to allow our client to plead guilty to the least serious charge, assault by slapping. Crown nonetheless sought a conviction and probation but, after hearing Mr. Mines’ submissions, the trial judge granted our client a conditional discharge. No criminal conviction.
R. v. V.L. – Vancouver Provincial Youth Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: 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
/in All Successes, Assault & Threatening Charges, Weapons Offences/by Mike MinesCharges: 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
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: 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. R.A.M. – New Westminster Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharge: Sexual Assault (reduced to Peace Bond).
Issue: Whether the complainant’s evidence would be credible and reliable at trial, and whether there was public interest in continuing to prosecute our client.
Result: Mr. Johnston was able to provide information to Crown counsel about our client’s circumstances and the circumstances of the incident which persuaded the Crown to agree to resolve the matter by applying for a peace bond rather than continuing the criminal prosecution. Stay of Proceedings. No criminal record.
R. v. B.E. – Surrey Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: 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.
