Entries by Mike Mines

R. v. C.C. – Surrey provincial Court

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Charges: Impaired Driving, Dangerous Driving Causing Death.

Issues: Whether police breached our client’s Charter rights during the investigation; whether the court would accept the Crown’s sentencing submission.

Result: Mr. Mines was able to persuade Crown counsel that police breached our client’s right against an unlawful seizure of his breath samples. This resulted in the Crown’s inability to prove the Impaired Driving / Over .08 offences.  The Crown had originally been seeking up to 4.5 years jail, but sought a one year jail sentence on the Dangerous Driving Causing Death charge. After hearing Mr. Mines’ submissions, the court found that 5 months was the appropriate sentence.

R. vs. C.M. – Vancouver Provincial Court

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Charge: Driving While Prohibited.

Issue: Whether it was in the public interest to proceed with the charge, which carries a one year mandatory minimum driving prohibition upon conviction.

Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of driving without a valid drivers license. The court agreed with Mr. Mines’ submissions and imposed a fine but did not impose any driving prohibition.

R. vs. N.A. – Vancouver Provincial Court

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Charges: Driving While Prohibited.

Issue: Whether it was in the public interest to proceed with the charge.

Result: Mr. Mines was able to persuade Crown counsel to allow our client to plead to the lesser offence of driving without a valid driver’s license. Rather than face a mandatory minimum 12 month driving prohibition, our client was sentenced to a fine. No driving prohibition.

 

R. vs. S.C. – Surrey RCMP Investigation

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Charge: Theft/Fraud Over $5000.

Issue: Whether it was in the public interest to proceed with a criminal prosecution in this $400,000 fraud/theft from employer case.

Result: Mr. Mines was able to reach a civil settlement with the complainant and was able to persuade police to not forward any criminal charges. No criminal conviction; no jail.

R. vs. K.C. – Richmond Provincial Court

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Charges: Fraud Under $5000; Possession of Stolen Property (from Employer).

Issue: Given our client’s circumstances and the circumstances of the offence, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Johnson was able to persuade Crown counsel to refer our client to Restorative Justice and the Alternative Measures Program and to stay the criminal charges upon completion. No criminal record.

R. vs. M.M. – Courtenay Provincial Court

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Charges: Sexual Assault (police investigation).

Issue: Whether it was in the public interest to proceed with criminal charges.

Result: Mr. Johnson was able to persuade police that it was in the parties’ best interest and not contrary to the public interest to resolve this matter through Restorative Justice. No charges were approved. no criminal record.

R. vs. A.V. – Vancouver Provincial Court

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Charges: Fraud Under $5000 (police investigation).

Issue: Whether it was in the public interest to proceed with the prosecution.

Result: Mr. Mines was able to assist our client to make civil restitution and to persuade police to not recommend any criminal charges. No charge was approved. No criminal record.