Charge: Robbery.
Issue: Whether Crown witnesses could identify our client as the person who robbed the bank.
Result: Mr. Johnson directed the Court’s attention to a body of evidence which suggested that police unfairly manipulated the photographs on which our client was identified. On the 6th day of trial. Crown counsel directed a stay of proceedings. No conviction. No criminal record.
Charge: Assault.
Issue: Whether it was appropriate for our client to be sentenced to a conditional discharge in this “road rage” spitting case despite having received a prior conditional discharge.
Result: After considring the rehabilitative steps our client had taken and upon hearing Mr. Mines’s submissions, the Court granted our client a conditional discharge. No conviction.
Charge: Possession of Cocaine.
Issue: Whether the Crown could prove that our client had control over the drugs that were located near him.
Result: Upon considering our representations, Crown counsel concluded that there was insufficient evidence against our client and declined to approve a charge. No criminal record.
Charge: Dangerous Driving; Failing to Stop for Police; Possession of Controlled Substance.
Issue: Whether our client would be sentenced to jail.
Result: After hearing Mr. Mines’ submissions on our client’s behalf, the trial judge imposed a $1000 fine and a 12 month driving prohibition on the dangerous driving charge and the Crown stayed the remaining two charges. No jail.
Charge: Assault (domestic).
Issue: Whether, given the rehabilitative steps our client had taken on his own initiative, there was a public interest in proceeding with the criminal charge.
Result: Mr. Mines was able to persuade Crown Counsel to stay the criminal charge upon our client entering into a “Peace Bond”. No criminal record.
Charge: Breach of Conditional Sentence Order (from Aggravated Assault conviction).
Issue: Whether there was a public interest in proceeding with the Breach allegation, given the rehabilitative steps our client had taken on his own initiative.
Result: Rather than facing termination of our client’s sentence of house arrest and the prospect of incarcaration for the balance of his sentence, Mr. Johmson was able to persuade Crown Counsel to withdraw the allegation of Breach. No jail.
Charge: Uttering a Threat.
Issue: Given the rehabilitative steps our client had taken on his own initiative, whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceddings. No criminal record.
Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge.
Result: Mr Johnson was able to persuade Crown Counsel to proceed on the lesser charge of driving without a licence. Rather than the 12 month minimum driving prohibition our client was facing, the Court imposed a 3 month prohibition.
Charge: Failing to obey a traffic control device.
Issue: Whether the police officer could accurately recall the physical characteristics of the roadway and the actions of our client.
Result: Upon conclusion of Mr. Mines’ cross examination of the officer, the Court dismissed the charge.
Charge: Aggravated Assault.
Issue: Whether our client acted in self defence in causing life threatening injuries to the complainant.
Result: After a two day trial, the court agreed with Mr. Johnson’s submissions that our client was acting in self defence. Not guilty. No criminal record.
Charge: Theft; Fraud Over $5000.
Issue: Whether police would proceed with criminal charges.
Result: Mr. Mines was able to negotiate a civil settlement in the amount of $7,500 in this case where our client was alleged to have defrauded a corporation of more than $25,000. No criminal charges.
Charge: Speeding.
Issue: Whether our client’s right to be tried within a reasonable time had been breached.
Result: Crown Counsel agreed with our submission that the delay in bringing this matter to trial was in breach of our client’s Charter rights. Stay of Proceedings.
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
