Our Successes
Property Offences
R. vs. T.B. and M.L. – Surrey RCMP Investigation
/in All Successes, Property Offences, Theft & Fraud/by Mike MinesCharges: Possession of Stolen Property over $5000.
Issue: Whether police had sufficient grounds to recommend criminal charges against our clients.
Result: After Mr. Gauthier consulted with the investigator, RCMP decided to refer the case for civil forfeiture and to not pursue any criminal charges against our clients. No prosecution. No criminal record.
R. vs. M.M. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharges: Residential Breaking and Entering x3; Possession of a prohibited weapon; driving offences.
Issues: Whether it was in the public interest to proceed on all outstanding charges and whether 30 months jail was an appropriate sentence.
Result: Mr. Johnston was able to provide information to Crown counsel about our client’s significant rehabilitation plan and persuaded Crown to drop 8 counts against our client. Mr. Johnston persuaded the court to impose a sentence of 12 months’ jail rather than the 30 months the Crown was seeking.
R. vs. B.J. – Downtown Community Court
/in All Successes, Property Offences, Theft & Fraud/by Mike MinesCharge: Theft of property of a value not exceeding $5,000
Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution.
Result: Mr. Johnston identified weaknesses in the available video evidence which persuaded the Crown to direct a stay of proceedings on the charge. No jail. No criminal record.
R. vs. M.M. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharges: Attempted Breaking and Entering; Breaking and Entering.
Issue: Whether our client could be released on bail given the Crown’s concerns about our client’s potential to commit further offences.
Result: Mr. Johnston worked with our client to develop a plan which ultimately persuaded Crown to consent to his release on reasonable conditions, even though our client was alleged to have committed these offences while already on bail with numerous other charges, including several counts of breaking and entering.
R. vs. J.D. – Surrey Provincial Court
/in Assault & Threatening Charges, All Successes, Property Offences/by Mike MinesCharges: Uttering Threats (x2); Assault.
Issue: Given the position of the complainant, whether there was a substantial likelihood of conviction or a public interest in proceeding with a criminal prosecution.
Result: After considering Mr. Mines’ representations, Crown counsel concluded the matter by sending a Caution Letter to our client. No charges were approved. No criminal record.
R. vs. T.A. – West Shore RCMP investigation
/in Property Offences, Weapons Offences/by Mike MinesCharge: Assault (Domestic).
Issue: Whether it was in the public interest for the Crown to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information to Crown Counsel that convinced them not to approve charges against the client. No criminal prosecution. No criminal record.
R. vs. H.K. – Burnaby RCMP Investigation.
/in All Successes, Property Offences/by Mike MinesCharges: Mischief Under $5000.
Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest for police to forward charges to Crown counsel.
Result: Based on the significant collateral consequences that a criminal prosecution would bring to our client, Mr. Gauthier persuaded police to not forward any criminal charge whatsoever.
R. vs.N.Z. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this case of our client causing damage to property.
Result: Mr. Gauthier was able to provide information to Crown counsel which resulted in Crown agreeing to stay the criminal charge upon our client completing the Alternative Measures Program. No criminal record.
R. vs. Y.L. – Richmond Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Alleged breach of Conditional Sentence.
Issue: Whether the Crown could prove that our client’s actions were a serious breach of his community based sentence that warranted further jail time.
Result: Mr. Mines was able to present our client’s explanation for the breach and after considering our submissions, the court agreed to take no action and ordered taht our client serve the balance of his sentence back in the community.
R. vs. J.H. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.
R. vs. B.R. – Port Coquitlam Provincial Court
/in All Successes, Property Offences/by Mike MinesCharges: Mischief to Property (x2).
Issue: Whether, given our client’s circumstances, it was appropriate to continue the criminal prosecution of this matter which involved damage in excess of $5000 to two vehicles.
Result: Mr. Johnson was able to persuade Crown counsel to allow our client into the Alternative Measures Program and to stay both criminal charges upon completion. No criminal record.
R. vs. L.M. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharges: Mischief Over $5000; Assault Police Officer.
Issue: Whether the sentence ought to emphasize punishment or rehabilitation in this matter where our client was alleged to have caused over $100,000 in damage to his building.
Result: Mr. Gauthier was able to provide Crown counsel with materials confirming the rehabilitative steps our client had taken for his mental health. The cRown stayed the assault police officer charge and, after hearing Mr. Gauthier’s submissions, the Court granted our client a conditional discharge and placed him on probation. No jail.
