Charge: Possession for the Purpose of Trafficking (MDMA).
Issue: Whether police had breached our client’s Charter rights when they arrested and searched him based solely on a complaint from a “concerned citizen”.
Result: Mr. Mines provided Crown Counsel with an outline of his legal arguments and, on the eve of the trial, Crown Counsel entered a Stay of Proceedings. No jail. No criminal record.
Charge: Fraud Over $5000 (from employer).
Issue: Given the civil settlement of this matter, whether it was in the public interest to proceed with the prosecution.
Result: Mr. Johnson was able to achieve a civil settlement on behalf of our client. On this basis the police elected to not proceed with any charge. No criminal record.
Charge: Assault; Posssession of Cocaine.
Issue: Whether it was in the public interest for our client to be granted a discharge.
Result: Given the rehabilitative steps our client had taken, Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on the drug charge and was able to persuade the Court to grant our client an Absolute Discharge. No criminal record.
Charge: Possession of Cocaine.
Issue: Whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown into allowing our client into the Alternative Measures Program. Upon completion, the Court dismissed the charge against our client. No criminal record.
Charge: Assault (domestic).
Issue: Whether there was enough clear evidence to charge our client with assault.
Result: Upon considering the nature and quality of the complaint, along with the information about our client presented by Mr. Mines, Crown Counsel declined to approve a charge. No criminal record.
Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with this prosecution which carries a minimum mandatory 12 month driving prohibition.
Result: Mr. Johnson persuaded Crown Counsel to proceed on the lesser offence of driving without a driver’s license. Our client received a $400 fine and a 4 month driving prohibition.
Charge: 90 Day Immediate Roadside Prohibition (IRP).
Issue: Whether the investigating officer could prove that our client had care or control of the parked vehicle he was found sleeping in.
Result: Mr. Johnson was able to successfully persuade the adjudicator that our client was not a “driver” within the Motor Vehicle Act definition. Our client’s driving prohibition was overturned, his car was released and all fees were returned, allowing him to resume driving.
Charge: Assault with a Weapon; Mischief; Posession of a Weapon for a Dangerous Purpose.
Issue: Given the rehabilitative steps taken by our client, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Johnson was able to persuade Crown to stay all charges upon our client entering into a Peace Bond. No criminal record.
Charge: Assault (domestic).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to persuade Crown Counsel that, based on new information provided to the Crown, that there was no raesonable prospect of a conviction. Crown entered a stay of proceedings. No criminal record.
Charge: Assault (domestic).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Johnson was able to provide Crown Counsel with further evidence which weakened the strength of the Crown’s case against our client. Stay of Proceedings. No criminal record.
Charge: Failing to Remain at the Scene of an Accident.
Issue: Whether there was sufficient evidence for police to charge our client.
Result: Mr. Mines was able to steer our client through the investigation without our client incriminating himself. No charges were recommended.
Charge: Sexual Assault.
Issue: Whether our client had a reasonable and honest belief that the complainant had consented to the sexual activity.
Result: On the fourth day of trial, after Mr. Johnson had vigorously cross examined the complainant, the Crown entered a stay of proceedings on the criminal charges and our client entered into a Peace Bond. No criminal record.
Gauthier & Mines Criminal Lawyers
The Marine Building355 Burrard Street, Suite 1550
Vancouver, B.C. V6C 2G8
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T: 604 688 1460
F: 604 687 3097
