Charge: Driving While Prohibited.
Issue: Whether the Crown could prove that our client had notice that he was prohibited.
Result: We were able to persuade Crown Counsel to proceed on the lesser charge of Failing to Produce a Licence. The court imposed a $1500 fine but after conidering Mr. Johnson’s submissions, did not order any driving prohibition.
Charge: Driving without a Licence; Driving with a Handheld Device.
Issue: Whether our client’s right to have his trial within a reasonable time was breached.
Result: Crown Counsel agreed with Mr. Johnson’s submissions that the delay in bringing this matter to trial was unreasonable. Stay of Proceedings.
Charge: Theft Under $5000.
Issue: Whether it was in the public interest to proceeed with a criminal prosecution.
Result: Mr. Johnson was able to persuade Crown Counsel that, given the rehabilitative steps our client had taken on his own initiative, it was no longer necessary to proceed. No charge was ever approved. No criminal record.
Charge: Possession of Stolen Property.
Issue: Whether there was sufficient evidence to prove that our client had knowledge that the property that he possessed was stolen.
Result: Mr. Mines was able to steer our client through the police investigation without any charges being recommended. No criminal record.
Charge: Fraud Over $5000.
Issue: Whether the complainant corporation would proceed with a criminal complaint in this alleged $30,000 fraud case.
Result: Mr. Mines was able to negotiate a civil settlement in the amount of $20,000 on our client’s behalf. No charges were forwarded.
Charge: Driving While Prohibited.
Issue: Whether our client had a lawful excuse for driving.
Result: Upon presenting our client’s evidence to Crown Counsel, Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a licence. Rather than the 12 month minimum driving prohibition our client was facing, the Court imposed a 3 month prohibition and a $300 fine.
Charge: Administering a noxious substance; Assault.
Issue: Whether there was sufficient proof of the identity of the suspect.
Result: Mr. Mines was able to steer our client through the police investigation without any charges being recommended. No criminal record.
Charge: Assault with a Weapon.
Issue: Whether it was reasonable to believe that our client possessed the weapon to defend himself or his property.
Result: Mr. Mines was able to persuade Crown that, given the circumstances, it was not in the public interest to proceed with the criminal charge. Upon completing Alternative Measures, Crown Counsel entered a stay of proceedings. No criminal record.
Charge: Excessive Speeding.
Issue: Whether our client’s right to be tried within a reasonable period of time was breached.
Result: Mr. Johnson was able to persuade Crown Counsel that the approximately 20 month delay from offence to trial breached our client’s Charter right to be tried within a reasonable time. Crown entered a stay of proceedings. No fine, driving prohibition or penalty points.
Charge: Driving While Prohibited.
Issue: Whether our client was aware that he was prohibited from driving. On conviction he faced a madatory minimum jail sentence.
Result: Mr. Mines was able to persuade Crown that our client reasonably believed he was not prohibited. Crown therefore agreed to proceed on the lesser charge of Failing to Produce a Valid Driver’s License.The court imposed a $250 fine. No jail. No driving prohibition.
Charge: Assault.
Issue: Whether it was in the public interest to proceed with the criminal charge.
Result: Based on rehabilitative steps our client had taken on his own initiative, Mr. Johnson was able to persuade Crown to proceed on a s. 810 Recognizance (“Peace Bond”). No criminal Record.
Charge: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to stay the criminal charge upon our client enering into a peace bond. no criminal record.
Thank you for settling our case peacefully. We dealt with Patrick Johnson with Mines and Company. I recommend Mr Johnston for those who are struggling with a family case. I also found the fees very affordable. I was very afraid to approach this company and worried about how to handle this case, but Mr Johnston […]
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
