Charges: Assault (domestic).
Issue: Given the information we were able to provide to Crown counsel, whether it was appropriate to continue with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client being placed on a peace bond. No criminal record.
Charge: Assault with a weapon (domestic).
Issue: Given the history of past police interventions involving allegations against the complainant, whether it was in the public interest to proceed with the prosecution against our client.
Result: Mr. Mines provided a psychological report and was able to persuade Crown that there were elements of “battered woman syndrome”. This resulted in Crown counsel entering a stay of proceedings. No jail; no criminal record.
Charge: Criminal harassment.
Issue: Given the circumstances of the offence, and rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Johnson was able to persuade Crown to stay the criminal charge upon our client entering into a s. 810 Peace Bond. No criminal record.
Charges: Assault Causing Bodily Harm; Assault Police Officer.
Issue: Given our client’s severe mental health issues, whether he was criminally responsible for the offences.
Result: Mr. Gauthier was able to provide information about our client’s mental health history to Crown counsel and, ultimately, was able to persuade Crown to end the prosecution. Stay of proceedings. No jail. No criminal record.
Charge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.
Charge: Assault.
Issue: Whether this road rage incident was a criminal offence or a consensual fight.
Result: Mr. Johnson was able to present Crown counsel with video evidence which confirmed that the complainant had engaged in a consensual altercation. Stay of proceedings. No criminal record.
Charge: Assault Causing Bodily Harm.
Issue: Whether the 18 month jail sentence Crown had sought was reasonable in all the circumstances.
Result: Mr. Johnson provided information to the Crown and Court and ultimately persuaded the trial judge to sentence our client to a 7 month conditional sentence , followed ny 18 months probation. No jail.
Charge: Assault with a weapon.
Issue: Whether there was sufficient evidence to support a criminal prosecution.
Result: Mr. Johnson was able collect information from a defence witness and represent to police that our client should not be prosecuted. Police concluded their investigation without recommending any criminal charge against our client. No criminal record.
Charge: Assault with a Weapon.
Issue: Given the rehabilitative steps we directed our client to complete, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to not approve any charge prior to the scheduled first court appearance. No criminal record.
Charges: Assault with a Weapon (x2).
Issue: Whether it was in the public interest for the court to grant our client a conditional discharge.
Result: Mr. Mines was able to direct our client through a course of rehabilitative counselling, and after hearing Mr. Mines’ submissions, the trial judge granted our client a conditional discharge. No criminal conviction.
Charges: Assault (domestic).
Issue: Given the rehabilitative steps that we were able to guide our client through, whether there was a public interest in continuing with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to amend the bail condition to allow “permissive contact” with the complainant, and after providing Crown with a report from our client’s psychologist Crown counsel ended the prosecution. Stay of proceedings. No criminal record.
Charge: Assault.
Issue: Whether it was appropriate for our client to receive a suspended sentence despite having two prior assault convictions.
Result: After hearing Mr. Mines’ submissions, the trial judge granted our client a suspended sentence with 12 months of ” non reporting” probation. No jail.
A huge thanks to Michael Mines for getting this criminal charge brought to a fair and appropriate conclusion with a criminal charge being dropped. Michael knows his profession and is well versed in criminal law to seek the best possible outcome for an individual like me, who at 77 years, simply made an honest mistake. […]
Our client had taken responsibility for his actions by pleading guilty in Richmond Provincial Court where he was granted a conditional discharge. Upon being threatened and taunted by his roommate, our client kicked in the door to the roommate’s doo=r and held a meat cleaver to his throat. The Crown appealed sentence. At the sentence […]
