Our Successes
Sexual Offences
R. vs. V.C. – Surrey Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Interference; Sexual Assault.
Issue: In the circumstances of this historic “breach of trust” sexual interference against a minor, whether our client would be sentenced to jail.
Result: Mr. Mines was able to persuade Crown that there was strong proof of only one incident of sexual misconduct. After hearing Mr. Mines’ submissions, the court granted our client a 12 month conditional sentence followed by 18 months probation.
R. vs. N.D. – British Columbia Supreme Court
/in All Successes, Sexual Offence Cases/by adminCharge: Breach of Recognizance (x4) re: Sex Assault case.
Issue: Given potential defences raised by Mr. Johnson, whether it was in the public interest for Crown counsel to proceed.
Result: Just prior to the start of this three day Supreme Court trial, Mr. Johnson was able to persuade Crown counsel to enter stays of proceeedings on all four charges. No criminal record.
R. vs. C.M. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault; Unlawful Confinement.
Issue: Whether there was a reasonable likelihood of a conviction.
Result: By obtaining further relevant evidence through several successful disclosure requests, Mr. Johnson was able to persuade Crown counsel that there were no longer sufficient grounds for a prosecution. Stay of Proceedings. No criminal record.
R. vs. J.J. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Voyeurism.
Issue: Whether, given the circumstances of the offence and the rehabilitative steps our client had taken, whether it was necessary for the Court to enter a conviction.
Result: Upon considering Mr. Johnson’s submissions on our client’s behalf, the Court granted our client a Conditional Discharge and placed him on probation.
R. vs. C.S. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sex Assault (investigation).
Issue: Whether Crown Counsel would approve charges against our client.
Result: We were able to steer our client through the investigation and ultimately persuaded Crown Counsel that, given the circumstances, there was no public interest in proceeding with a criminal prosecution. No charges approved. No criminal record.
R. vs. J.B. – North Vancouver Provincial Court
/in All Successes, Drug Cases, Sexual Offence Cases/by adminCharge: Possession of Cocaine.
Issue: Whether the Crown could prove that our client had control over the drugs that were located near him.
Result: Upon considering our representations, Crown counsel concluded that there was insufficient evidence against our client and declined to approve a charge. No criminal record.
R. vs. T.D. – Richmond Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Possession of Child Pornography.
Issue: Whether the Crown could prove that our client had knowledge of the images that were sent by email to his computer.
Result: After reviewing the evidence and considering Mr. Mines’ representations, Crown Counsel declined to approve any charge in this matter. No criminal record.
R. vs. M.C. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault.
Issue: Whether Crown could prove that the complainant did not consent to the sexual activity in question.
Result: On the eve of a 10 day trial, Mr. Johnson was able to persuade Crown counsel that there was no substantial lilelihood of conviction. In the circumstances Crown entered a stay of proceedings upon our client entering into a Peace Bond. No criminal record.
R. vs. B.B. – Richmond Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Interference.
Issue: Whether the Crown could prove that our client did not take reasonable steps to ascertain the age of the complainant.
Result: Upon completion of a 5 day trial, the trial judge agreed with our submissions that the Crown failed to prove its case. Not guilty. No criminal record.
R. vs. M.B. – Surrey RCMP Investigation
/in All Successes, Sexual Offence Cases/by adminCharge: Posession of Child Pornography; Luring a Child.
Issue: Even though police concluded that no charges would be forwarded to Crown counsel, our client remained classified as a “suspect” and the incident was therefore viewable as a Police Information Record.
Result: Mr. Johnson was able to persuade police that our client was not, in law, chargeable with an offence. In the result, the record was made non disclosable. No police record.
R. vs. Y.C. – Richmond Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault.
Issue: Whether key evidence would be admissible at trial due to police breaching our client’s Charter rights.
Result: Prior to the start of a 15 day trial, we were able to persuade Crown Counsel to drop the sex assault charge and to proceed on the much less serious offence of voyeurism. Rather than facing a lengthy jail sentence and a deportation order, our client was granted a three month Conditional Sentence and probation. No jail or deportation order.
R. vs. B.F. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by adminCharge: Sexual Assault; Assault; Threatening.
Issue: Whether there was a substantial likelihood of a conviction.
Result: As a result of new information we provided, Mr. Mines was able to persuade Crown Counsel to enter stays of proceedings on all charges. No criminal record.
