Our Successes
Sexual Offences
R. vs. A.C. – North Vancouver RCMP Investigation
/in All Successes, Sexual Offence Cases/by Jodi WigmoreCharge: Sexual interference; Invitation to sexual touching.
Issue: Whether there was credible evidence on which to proceed with charges in this historic allegation of sexual touching.
Result: Mr. Mines was able to provide exculpatory information to police on our client’s behalf. Ultimately, police concluded their investigation with no criminal charges being recommended.
R. vs. G.B. – Port Coquitlam Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault (x2).
Issue: Given the nature of the allegations and the rehabilitative steps taken by our client under our direction, whether it was appropriate for our client to be sentenced to jail.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on one count; our client pleaded guilty to the remaining count and, after hearing Mr. Mines’ submissions, the Court sentenced our client to a six month conditional sentence and 2 years probation. No jail.
R. vs. J.S. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault (reduced to common Assault).
Issue: Given the nature of the allegation and the rehabilitative steps our client had taken under our direction, whether it was in the public interest to proceed with the sex assault charge.
Result: Mr. Mines was able to persuade Crown counsel to proceed with a charge of common assault and, after hearing Mr. Mines’ submissions, the Court granted our client an absolute discharge. No criminal record.
R. vs. A.L. – Port Coquitlam Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault.
Issue: Whether our client would be sentenced to jail.
Result: Despite the serious nature of the allegations, Mr. Johnson was able to persuade Crown counsel to seek a non-custodial sentence. After hearing Mr. Johnson’s submissions on our client’s behalf, the trial judge granted our client a 12 month conditional sentence and 24 months probation. No jail.
R. vs. M.S. – Vancouver Supreme Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault.
Issue: Given the significant inconsistencies brought out by Mr. Johnsons’ cross examination of the complainant and other Crown witnesses, whether the Crown had proved its case beyond a reasonable doubt.
Result: After considering Mr. Johnson’s submissions, the trial judge found our client not guilty and entered an aquittal.
R. vs. I.R. – Squamish RCMP Investigation
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault.
Issue: Whether the complainant had, in fact, consented and whether it was reasonable for police to recommend charges.
Result: Mr. Mines was able to steer our client through the investigation without any police detention or arrest. No charges were recommended to Crown counsel. No criminal record.
R. vs. J.L. – Coquitlam RCMP Investigation
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault; Sexual Interference.
Issue: Whether the Crown would be able to prove that our client did not take reasonable steps to learn the age of the complainant.
Result: Mr. Mines made representations to the investigating officer suggesting that, in the circumstances, it was reasonable for our client to have concluded that the complainant was of legal age and did, in fact, consent to all sexual contact. No charge was forwarded to Crown. No criminal record.
R. vs. B.A. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sex Assault; Sexual Interference.
Issue: Whether the Crown could prove its case beyond a reasonable doubt in this 5 day trial that involved numerous issues including the admissibility of hearsay statements, the reliability of witness statements, and whether there was an innocent explanation for the presence of our client’s DNA on the clothing of the complainant.
Result: Upon considering Mr. Mines’ submissions, the trial judge found our client not guilty and dismissed both charges. Our client avoided a mandatory minimum one year jail sentence. No criminal record.
R. vs. A.S. – Port Coquitlam Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sex Assault.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to steer our client through the investigation and provided information to Crown counsel which contributed to Crown deciding to not approve any criminal charge in this matter.
R. vs. J.S. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault.
Issue: Whether our client had a reasonable and honest belief that the complainant had consented to the sexual activity.
Result: On the fourth day of trial, after Mr. Johnson had vigorously cross examined the complainant, the Crown entered a stay of proceedings on the criminal charges and our client entered into a Peace Bond. No criminal record.
R. vs. K.G. – Vancouver Police Investigation
/in All Successes, Sexual Offence Cases/by adminCharge: Sex Assault.
Issue: Whether there was sufficient evidence to proceed with a criminal charge.
Result: Mr. Johnson was able to steer our client through the investigation which ended with police recommending no chargesl. No criminal record.
R. vs. N.D. – Vancouver Supreme Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault; Break and Entering.
Issue: Whether, given the loss of crucial evidence by police, our client could receive a fair trial.
Result: Mr. Johnson was able to persuade Crown counsel that our client’s right to a fair trial was breached. Crown entered a stay of proceedings. No criminal record.
