Charges: Impaired Driving Causing Death; Impaired Driving Causing Bodily Harm.
Issue: What would be the appropriate sentence, considering the aggravating (high speed, MVA record & high BAC) and the mitigating factors (genuine remorse).
Result: Rather than a sentence in the range of 8 years, Mr. Mines was able to persuade Crown counsel and the Court, to impose a sentence of 40 months jail, and a 7 year driving prohibiton.
Charges: Assault with a Weapon; Uttering Threats.
Issue: Whether the identification evidence was strong enough to support a conviction of our client, who allegedly assaulted and threatened a taxi driver.
Result: Upon Mr. Gauthier pointing out weakness in the evidence relating to identification of the suspect, Crown counsel entered a stay of proceedings. No criminal record.
Charges: Aggravated Assault; Breach of Undertaking; Assault police officer; Mischief to property.
Issue: Given the seriousness of the facial injuries to the complainant and the ensuing assault of the arresting police officer, whether a lengthy prison sentence was appropriate.
Result: Mr. Gauthier was able to steer our client through an extensive program of rehabilitation and, after gearing Mr. Gauthier’s submissions in a contested hearing, the Court granted our client a conditional sentence of only 3 months, followed by 2 years probation. No jail.
Charges: Aggravated assault; Assault police officer; assault.
Issue: Notwithstanding that the usual range of sentence is approximately 3 years for aggravated assault, whether a conditional sentence (house arrest) was appropriate.
Result: Mr. Gauthier persuaded Crown to jointly recommend a non-jail sentence. After hearing our submissions, the trial judge granted our client a 3 month conditional sentence, followed by a 2 year probation order.
Charge: Theft Under $5000.
Result: Mr. Gauthier provided information and made representations to Crown counsel which ultimately led Crown to agree that there was no reasonable likelihood of a conviction. Stay of proceedings. No criminal record.
Charges: Assault, mischief under $5000.
Issue: Whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade the investigating RCMP officer to allow our client tp apologize to the complainant through Restorative Justice. Police did not seek to have any criminal charges approved. No criminal record.
Charge: Fraud Over $5000.
Issue: Whether our client would be sentenced to a jail for this $10,000 fraud from his employer.
Result: Notwithstanding that our client had a previous criminal conviction for a similar breach of trust offence, Mr. Gauthier was able to persuade Crown counsel to not seek a jail sentence. After hearing Mr. Gauthier’s submissions, the Court sentenced our client to a term of house arrest. No jail.
Charges: Assault by choking (x2); assault (x2); mischief under $5000.
Issue: Whether it was in the public interest for the Court to enter a conviction against our client.
Result: Mr. Mines was able to persuade Crown counsel to proceed on only one count of common assault and to stay all remaining charges. After hearing Mr. Mines’ submissions, the court granted our client a conditional discharge and placed him on probation for 12 months.No criminal conviction.
We were given the best gift just prior to Christmas. All my nephew’s charges were stayed! This was due to the exceptional counsel provided by lawyer Ian Gauthier of Mines and Company in Vancouver. His kindness, experience as a former corrections officer and his keen understanding of Canadian law resulted in the favorable outcome. This […]
Hats off to our Ian Gauthier and all other contributors and editors of the newly published CanLii Criminal Law Ebook! Read Ian’s chapter on victim participation: Ebook- Sentencing
Charge: Assault.
Issue: Whether it was in the public interest for our client to be granted a conditional discharge.
Result: Mr. Gauthier was able to persuade Crown counsel to make a joint submission without the necessity of our client being required to complete counselling. After hearing Mr. Gauthier’s submissions the court granted our client the discharge. No criminal conviction.
