Our Successes
The vast majority of our clients’ cases are resolved favourably.
Charges: 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.
Charge: 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.
Charges: 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.
Charges: 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.
Charge: 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.
Charges: 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.
Charge: Carrying a Concealed Weapon.
Issue: Given the information Mr. Johnston was able to provide to Crown counsel regarding the circumstances of the incident and our client’s background, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Johnston persuaded Crown counsel that there was insufficient public interest, leading Crown to enter a stay of proceedings. No criminal record.
Charges: Assault (domestic).
Issue: Given the circumstances of the incident and our client’s rehabilitation and unblemished background, whether it was in the public interest for Crown counsel to continue with the prosecution.
Result: Mr. Mines was able to persuade Crown to enter a stay of proceedings. No criminal record.
Charge: Insurance Fraud Under $5000.
Issue: Given our client’s rehabilitation and repayment of the disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.
Charge: Section 810 Recognizance (Peace Bond) Application.
Issue: Whether the Informant could prove her allegations on a balance of probabilities.
Result: After Mr. Gauthier’ communications with the Informant, she declined to advance the case and, on the day of the trial, the court withdrew the Application. No record.
