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Charge: Criminal Harassment.
Issue: Given our client’s lack of criminal history and the lack of a police warning before the arrest and recommending the harassment charge, whether it was appropriate to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade police to issue a warning to our client rather than proceeding with acriminal prosecution. No criminal record.
Charges: Assault by choking; break and enter; theft under $5000 and breach of bail x2 (reduced to peace bond).
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue prosecuting the criminal charges.
Result: Mr. Gauthier was able to persuade Crown counsel to enter stays. of proceedings on all criminal charges upon our client agreeing to a peace bond. No jail. No criminal record.
Charges: Assault (domestic).
Issue: Whether there was a public interest in continuing with the prosecution.
Result: Mr. Mines first made successful application to vary the “no contact” bail condition which allowed our client to return to the family home. Ultimately, Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings, bringing the matter to an end. No criminal record.
Charges: Sexual assault; assault by choking; uttering threats (all reduced to peace bond).
Issue: Given information Mr. Johnston provided to Crown counsel about our client’s rehabilitative efforts and the strength of the Crown’s case, whether there was sufficient public interest in continuing the prosecution.
Result: Mr. Johnston was first able to persuade Crown to seek a peace bond rather than proceeding on the criminal charges. He was ultimately able to persuade Crown to withdraw the peace bond application. Stay of Proceedings on all charges. No jail. No criminal record. No peace bond.
Charge: Assault (domestic).
Issue: Given the material Mr. Mines was able to provide to Crown counsel. whether it was in the public interest to proceed with the criminal prosecution.
Result: Our client pleaded not guilty to the criminal aasault charge and, after hearing Mr. Mines’ submission on our client’s behalf, the Court placed our client on a Peace Bond for a period of 12 months. No criminal record.
Charge: Health insurance fraud investigation.
Issue: Given our client’s civil settlement of the alleged false insurance claims, whether there was any public interest in proceeding with criminal charges.
Result: Mr. Gauthier was able to negotiate an appropriate civil settlement and repayment to the employer. No criminal prosecution.
Charges: Assault (domestic).
Issue: Whether or not it was contrary to the public interest for our client to be sentenced to a conditional discharge.
Result: Mr. Mines was able to steer our client through a course of rehabilitation. The Court granted our client the discharge and placed her on probation. No record of conviction.
Charge: Health insurance fraud investigation.
Issue: Given our client’s civil settlement of the alleged false insurance claims. whether there was any public interest in proceeding with criminal charges.
Result: Mr. Mines was able to negotiate an appropriate civil settlement and repayment to the employer. No criminal prosecution.
Charge: Mischief Under $5000 (reduced to Peace Bond).
Issue: Given our client’s background and rehabilitative efforts, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to persuade the criminal charge upon our client entering into a 12 month peace bond. No criminal record.
Charge: Theft under $5000 (shoplifting).
Issue: Given our client’s background and remorse, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to admit our client into the Alternative Measures program. Upon completion, Crown counsel entered a stay of proceedings, bringing the matter to an end. No criminal conviction.
Charges: Fraud (in the range of $50,000).
Issue: Based on information Mr. Gauthier was able to provide to the civil investigators about our client’s personal circumstances, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to settle the matter civilly on our client’s behalf. No charges were recommended. No criminal record.
Charges: Robbery x 2, theft x 2, concealing face with intent to commit an offence, possession of a weapon for a dangerous purpose.
Issues: Whether the Crown could prove beyond a reasonable doubt that our client had committed all of the offences, and what the appropriate sentence would be for the charges it could prove.
Result: The Crown agreed that it could not prove our client had committed the more serious of the two robberies or that he had been concealing his face with intent to commit the offence. The Crown directed stays of proceedings on these charges and instead approved a charge of uttering threats. The Crown further agreed to reduce the charge to the lesser offences of theft under $5,000 and assault. Given Mr. Johnston’s representations regarding our client’s circumstances, the Crown agreed to a “time-served” jail sentence rather than the years long jail sentence they had been seeking.
