Our Successes
The vast majority of our clients’ cases are resolved favourably.
R. vs. S.A. – 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 there was contrary to public interest for our client to be granted a conditional discharge.
Result: Mr. Gauthier was able to persuade Crown to not proceed on a breach of bail allegation; to agree to not seek forfeiture of our client’s firearms, and to make a joint submission for a conditional discharge with probation. No criminal conviction.
R. vs. R. A. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Fear of safety allegation (Peace Bond Application).
Issue: Given the information we were able to provide to Crown counsel, whether it was in the public interest to proceed with the Peace Bond application against our client.
Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings so that our client was no longer subject to any of the restrictive conditions he was bound by.
R. v. D.M. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault (domestic). Reduced to Peace Bond.
Issue: Given the rehabilitative steps we guided our client through, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to stay the criminal charges upon our client entering into a Peace Bond with a 12 month “no contact” order. No criminal record.
R. vs. M.H. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault (domestic). Reduced to Peace Bond.
Issue: Given the rehabilitative steps we guided our client through, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to stay the criminal charges upon our client entering into a Peace Bond with a 12 month “no contact” order. No criminal record.
R. vs. B.H. – North Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether there remained a public interest in continuing with the prosecution.
Result: Mr. Gauthier was able to provide information about our client to Crown counsel which ultimately led to Crown entering a stay of proceedings. No criminal record.
R. vs. M.A. – Non Academic Misconduct Investigation
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Sexual harassment.
Issue: Whether our client’s behaviour amounted to “sexual harassment” as defined by the university’s conduct policy.
Result: Mr. Gauthier was able to prepare our client for the University’s hearing and, upon hearing all of the evidence, the University ruled that our client had not engaged in sexual harassment or any behaviour that contravened the institution’s policies.
R. vs. Y.Z. – Richmond Provincial Court
/in All Successes, Murder and other Serious Offences/by Mike MinesCharge: Attempted Murder (reduced to assault with a weapon).
Issue: Given the circumstances of the event and given our client’s mental health condition, whether our client truly had the intention to kill the complainant.
Result: Mr. Gauthier was able to provide medical/psychological information to Crown counsel and, ultimately, was able to persuade Crown to proceed on the lesser offence of assault with a weapon and to make a joint recommendation to the court for a conditional discharge, rather than the lengthy jail sentence they were originally seeking. After hearing Mr. Gauthier’s submissions, the Court granted our client the discharge. No criminal conviction. No jail.
R. vs. E.M. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault x2 (Reduced to Peace Bond).
Issue: Given the potential for self-defence in this case, whether it was appropriate for the criminal prosecution to continue.
Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown’s decision to proceed with a Peace Bond rather than the criminal charges. No criminal record.
R. v. G.K. – Fort St. John Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharge: Theft/ Fraud Over $5000 (from employer).
Issue: Whether Crown could prove the alleged $300,000 offence and, given the rehabilitative steps that we were able to guide our client through, whether a jail sentence was necessary.
Result: Mr. Gauthier was able to persuade Crown counsel that they could only prove that our client was responsible for a $74,000 theft. Further, despite the breach of trust, in this case, Mr. Gauthier was able to persuade Crown counsel to seek a conditional sentence, rather than jail. After hearing Mr. Gauthier’s submissions, the court sentenced our client to a 2 year conditional sentence. No jail.
R. vs. C.Y. – Richmond Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault with a weapon ( reduced to Peace Bond).
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 persuade Crown counsel to allow our client to resolve this matter with a s. 810 Recognizance (Peace Bond) for a period of 12 months. Stay of proceedings on the criminal charge. No criminal record.
R. vs. F.K. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharges: Theft and Fraud Over $5000 (from employer).
Issue: Whether the pre-charge delay of 3.5 years would reduce the sentence in this $215,000 employee fraud case.
Result: Mr. Mines was able to persuade the trial judge and Crown counsel that there was merit to our application for a judicial stay of proceedings based on our client’s inability to properly defend the charges due to a delay of about 4 years in getting the charges approved. Notwithstanding this breach of trust, Mr. Mines was able to negotiate a plea arrangement in which our client received a 2 year conditional sentence order with a 10 pm curfew for 12 months. No monies were ordered to be repaid. No jail.
R. vs. M.P. – Abbotsford Police Investigation
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Uttering Threats.
Issue: Whether it was in the public interest to proceed with a criminal prosucution.
Result: Mr. Gauthier was able to provide information to Crown and to ultimately persuade Crown counsel to not approve any charge in this case. No charge approved. No criminal record.
