Charge: Sexual Assault
Issue: Whether the Crown could prove our client committed the offence at a four-day trial
Result: As a result of Mr. Johnston’s cross-examination of the complainant, the court left with a reasonable doubt as to our client’s guilt. Not guilty. No jail. No criminal record.
Charge: Assault by Choking
Issue: Whether the Crown Charge Assessment Guidelines were met in the face of competing evidence from the Defence
Result: After extensive negotiations, Mr. Mines persuaded Crown Counsel to resolve the matter with a peace bond. No Criminal Record
Charge: Alleged assault (no charge laid)
Issue: A 2023 police occurrence continued to surface on our clients Vulnerable Sector Police Information Checks.
Result: After escalating to the Detachment Commander under the BC Guidelines for Police Information Checks, we persuaded an independent RCMP reviewer to change the file’s PRIME coding from “Suspect Chargeable” to “Subject of Complaint.” The occurrence is no longer disclosable on our client’s Vulnerable Sector Checks.
Thank you for your advice, guidance, and support throughout my journey. Your counsel has meant a great deal to me.
Charge: Mischief, Causing a Disturbance
Issue: Our client was arrested and charged for disorderly conduct while on an international flight at Vancouver International Airport. What was a just and appropriate sentence in the circumstances?
Result: Upon advising the client to take rehabilitative steps, closely scrutinizing the facts of the case, and extensive negotiation with Crown Counsel, Mr. Gauthier persuaded the Crown to agree to a joint submission for a Conditional Discharge and restitution to the airline for lost time due to the delay of the flight, including negotiating the restitution amount to less than half of what the airline was claiming. No Criminal Record. No Flight Ban.
Charge: Sexual Assault – SOIRA Early Termination Application
Issue: Whether our client was eligible to be removed from the Sex Offender Registry before the end of his 10-year term.
Result: Mr. Gauthier advised our client on steps to take to maximize the chances of success of the application in court. In court, upon hearing Mr. Gauthier’s submissions, the judge ordered that our client was no longer had to comply with the Sex Offender Information Registration Act. Client removed from the Sex Offender Registry.
We are pleased to announce that Mines & Company is now Gauthier & Mines Criminal Lawyers! This change marks an exciting chapter in our firm’s growth. Ian, Michael, Patrick, and Madlena remain committed to providing exceptional advocacy and representation. New name. Same experienced team. Same dedication. Same proven results. Read more about Our Team. Gauthier […]
Charge: Fraud Under $5000.
Issue: Whether it was in the public interest to prosecute and whether there was a substantial likelihood of a conviction in this ICBC fraud case.
Result: Mr. Mines was able to persuade Crown counsel to refer our client to Alternative Measures and to not approve any charge upon our client’s successful completion of community work. No criminal record.
Charges: Mischief(x2), Assault with aWeapon, Threatening.
Issue: Whether a jail sentence was appropriate given our client’s rehabilitation.
Result: Mr Johnston was able to persuade Crown to enter stays of proceedings on the assult charges. After hearing Mr. Johnston’s submissions, the Court granted our client a conditional discharge.
Charge: Mischief to Property Under $5000 (domestic).
Issue: In light of our client’s significant rehabilitation, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown to enter a stay of proceedings, bringing the matter to an end.
Charges: Trespassing at night; Voyeurism.
Issue: Given the significant rehabilitative steps our client had taken, whether a jail sentence was appropriate.
Result: Mr. Mines was able to provide materials and information to Crown and the Court which ultimately resulted in the Court granting our client a suspended sentence rather than Crown’s initial sentencing position.
Charges: Sexual Assault; Sexual Interference.
Issue: The credibility and reliability of the child complainant and their family members who testified at this three day trial.
Result: After considering the evidence adduced by Mr. Gauthier’s cross examinations of these witnesses, the trial judge agreed that the Crown’s case was not strong enough to support criminal convictions. Our client was found not guilty and acquitted of both counts. No jail. No criminal record.
