Charge: Driving While Prohibited. Issue: Whether the crown would be able to prove that our client was the driver of the vehicle. Result: We were able to persuade Crown counsel that there was problem with the identification evidence and, therefore, to proceed on the lesser offence of driving without a valid driver’s licence. Rather than […]
Charge: Assault; Uttering Threats (domestic).
Issue: Given the rehabilitative steps our client achieved under our direction, whether there was a public interest in proceeding with the criminal prosecution.
Result: Mr. Johnson was able to persuade Crown counsel to stay the charges. All restrictive conditions removed. No criminal record.
Charge: Assault (domestic).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to point to a lack of evidence with respect to the charge resulting in Crown counsel entering a stay of proceedings. No criminal record.
Charge: Sexual Assault.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Johnson was able to direct Crown counsel to various flaws in the prosecution’s case. On the eve of a 4 day trial, Crown agreed to resolve this matter by way of a nine month Peace Bond. No criminal record.
Charge: Driving While Prohibited.
Issue: Whether it was appropriate for Crown counsel to proceed on this charge, which carries a mandatory minimum 12 month driving prohibition.
Result: Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a valid driver’s licence. After hearing Mr. johnson’s submissions, the court imposed a $500 fine. No driving prohibition.
Charge: Assault Causing Bodily Harm.
Issue: Given the rehabilitative steps our client had taken, whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Johnson was able to persuade Crown counsel to stay the criminal charge. Our client entered into a Peace Bond for a period of 9 months. No criminal record.
Charge: Assault Causing Bodily Harm.
Issue: Whether, given the history between our client and the complainant, it was reasonable for our client apply the level of force he used.
Result: Mr. Johnson was able to persuade Crown to not approve any criminal charge but, rather, to resolve the matter through Restorative Justice. No criminal record.
Charge: Notice of Intent to Prohibit.
Issue: Whether RoadSafety BC had appropriate reasons to prohibit our client from driving for 4 months.
Result: Mr. Johnson was able to persuade the Superintendent’s adjudicator that the 4 month driving prohibition was not warranted. The driving prohibition was reduced to 2 months.
We recently saw this news item regarding what certainly seems like a sexual assault case that occurred in Alaska: Link to the Source Article. Make no mistake, the alleged sexual act in this case would clearly be a chargeable offence in Canada.
Charges: Assault (x2); Threatening; Breach of Undertaking (domestic).
Issue: Given the rehabilitative steps our client had taken, whether it was appropriate for the Court to convict him.
Result: Mr. Mines was able to persuade Crown to proceed on only a single count of assault. After hearing Mr. Mines’ submissions, the Court granted our client a conditional discharge. No criminal conviction.
Charges: Dangerous Driving Causing Bodily Harm; Driving Without Due Care and Attention.
Issue: Whether it was appropriate for Crown to charge our client under the Criminal Code or the Motor Vehicle Act in regard to an accident where our client’s vehicle struck a cyclist from behind, causing serious injury.
Result: Mr. Mines was able to provide information to Crown which resulted in Crown proceeding under the Motor Vehicle Act. After hearing Mr. Mines’ submissions, the Court sentenced our client to a $1000 fine and limited his ability to drive for 12 months. No criminal conviction. No loss of insurance coverage. No jail.
Charge: s. 810 Peace Bond Application.
Issue: Given the rehabilitative steps our client had taken, whether the complainant continued to have fear of our client.
Result: Mr. Mines was able to persuade Crown counsel to withdraw its Peace Bond application. No conditions. No record.
