R. vs. J.S. – Surrey Provincial Court

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Charge: Assault

Issue: Whether our client should receive the same sentence as she did for a prior offence, or a more serious sentence resulting in a criminal record.

Result: Mr. Johnston persuaded the court that a conditional discharge was appropriate, even though our client had received a similar sentence for an earlier offence.  The court accepted Mr. Johnston’s submission that the evidence showed our client’s actions were less serious than the complainant had claimed. No jail. No criminal record.

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R. v. J.D. – Richmond Provincial Court

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Charge: Assault.

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue with the criminal prosecution.

Result: Mr.Johnson was able to persuade Crown counsel to refer our client to the Alternative Measures Program and to enter a stay of proceedings. No criminal record.

 

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R. vs. C.L. – Civil Fraud Investigation

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Charge: Fraud/Theft from employer.

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

Result: Mr. Johnson was able to negotiate repayment on our client’s behalf and obtained a civil release from the employer. No charges were forwarded to Crown counsel. No criminal record.

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

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Charges: Assault with a weapon; assault causing bodily harm.

Issue: Given elements of provocation, a potential defence of self-defence, and our client’s background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.

Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client successfully completing the Alternative Measures Program. No criminal record.

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

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Charges: Assault with a weapon; assault causing bodily harm.

Issue: Given elements of provocation, a potential defence of self-defence, and our client’s background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.

Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client succesfully completing the Alternative Measures Program. No criminal record.

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R. vs. B.L. – New Westminster Supreme Court (jury).

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Charge: Sexual Assault.

Issue: Whether the complainant was a credible and reliable witness.

Result: After the complainant was cross-examined by Mr. Johnson for a full day, the Crown elected to enter a stay of proceedings bringing the trial to an end. No jail. No criminal conviction.

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R. vs. D.D. – Vancouver Provincial Court

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Charges: Fraud Over $5000; Theft Over $5000 (from employer).

Issues: Whether Crown counsel could prove the full amount of the alleged theft and whether our client would be sentenced to jail in this breach of trust case.

Result: Mr. Mines was able to persuade Crown counsel that they could only prove a $49,000 theft rather than the $75,000 allegation. After hearing Mr. Mines’ submissions, the Court sentenced our client to an 18 month conditional sentence order. No jail.

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R. vs. W.W. – North Vancouver Provincial Court

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Charge: Assault.

Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest to proceed with a criminal prosecution.

Result: Based on the information Mr. Gauthier provided, the investigating officer directed that our client be referred to Restorative Justice, rather than to Court. No charge was approved. No criminal record.

 

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R. vs. H.K. – Burnaby RCMP Investigation.

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Charges: Mischief Under $5000.

Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest for police to forward charges to Crown counsel.

Result: Based on the significant collateral consequences that a criminal prosecution would bring to our client, Mr. Gauthier  persuaded police to not forward any criminal charge whatsoever.

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R. vs. H.S. – Vancouver Provincial Court

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Charge: Assault causing bodily harm.

Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.

Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

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R. vs. K.J. – ICBC Fraud Investigation

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Charges: Insurance (ICBC) Fraud.

Issue: Whether charges would be forwarded to Crown counsel.

Result: Mr. Gauthier  intervened with the ICBC investigator on our client’s behalf and was able to clarify and explain the information that ICBC had flagged as being possibly fraudulent. The matter was resolved with no charges being forwarded to Crown counsel. No prosecution; no criminal record.

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R. vs. M.H. – Employee Fraud Investigation

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Charges: Theft from Employer.

Issue: Whether the complainant would proceed with a criminal complaint when they discovered $65,000 in fraudulent transactions purportedly committed by our client.

Result: Mr. Johnson was able to successfully negotiate a civil settlement on our client’s behalf. No police investigation; no charges; no criminal record.

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