Charge: Sexual Assault.
Issue: Whether Crown could prove that the complainant did not consent to the sexual activity in question.
Result: On the eve of a 10 day trial, Mr. Johnson was able to persuade Crown counsel that there was no substantial lilelihood of conviction. In the circumstances Crown entered a stay of proceedings upon our client entering into a Peace Bond. No criminal record.
Charge: Theft Under $5000 (shoplifting).
Issue: Whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures progream without any charge being approved. No criminal record.
Charge: Sexual Interference.
Issue: Whether the Crown could prove that our client did not take reasonable steps to ascertain the age of the complainant.
Result: Upon completion of a 5 day trial, the trial judge agreed with our submissions that the Crown failed to prove its case. Not guilty. No criminal record.
Charge: Assault.
Issue: Whether there was credible evidence that would amount to criminal conviction.
Result: After considering Mr. Mines’ representations, Crown counsel concluded that there was no substantial likelihood of a conviction and declined to approve any charge. No criminal record.
Charge: Driving While Prohibited.
Issue: Whether our client would receive the mandatory minimum 12 month driving prohibition.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser offence of driving without a licence. Our client was sentenced to a $1000 fine. No driving prohibition.
Charge: 24 Hour Driving Prohibition (for alcohol).
Issue: Whether there was sufficient proof that our client was the driver.
Result: The adjudicator agreed with Mr. Mines’ submission that the police had not proved that our client had care or control of the vehicle. Driving prohibition revoked and removed from our client’s driving record.
Charge: Theft Under $5000 (from employer).
Issue: Whether it was in the public interest to proceed with a criminal charge.
Result: Our client made restitution to the complainant and, in the circumstances, Mr. Mines was able to persuade police to treat the case as a civil file. No criminal charges were forwarded. No criminal record.
Charge: Posession of Child Pornography; Luring a Child.
Issue: Even though police concluded that no charges would be forwarded to Crown counsel, our client remained classified as a “suspect” and the incident was therefore viewable as a Police Information Record.
Result: Mr. Johnson was able to persuade police that our client was not, in law, chargeable with an offence. In the result, the record was made non disclosable. No police record.
Charge: Assault with a Weapon (domestic).
Issue: Whether there was a substantial likelihood of a conviction.
Result: After considering Mr. Mines’ submissions, Crown agreed that there was no substantial likelihood of a conviction. Stay of Proceedings. No criminal record.
Charge: Assault with a Weapon; Forcible Confinement.
Issue: Whether there was a substantial likelihood of a conviction.
Result: After considering Mr. Mines’ submissions, Crown Counsel agreed that its case was weak and there was no substantial likelihood that our client would be convicted. Stay of Proceedings. No criminal record.
Charge: Driving While Prohibited (MVA).
Issue: Whether our client would be sentenced to the mandatory minimum 12 month driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser charge of Driving without a Valid License. The court imposed a $500 fine. No driving prohibition.
Charge: Review of 90 day Administrative Driving Prohibition.
Issue: Whether the investigating police officer had complied with the requirements of the Motor Vehicle Act.
Result: Upon considering Mr. Mines’ submissions, the adjudicator agreed that the police report to the Superintendent was flawed. In the result, the driving prohibition was revoked and our client was permitted to resume driving.
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 […]
