R. vs. D.C. – Port Coquitlam Provincial Court

Charges: Sexual Assault (x2).

Issue: In the circumstances of these historic charges and our client’s rehabilitation, whether a community based sentence was appropriate.

Result: Notwithstanding that Crown counsel sought a 20 month jail sentence, the trial judge agreed with Mr. Mines’ submission that, in the circumstances of our client’s genuine remorse and rehabilitation, it was appropriate to  grant a conditional sentence of 21 months. No jail.

R. vs. Q.B. – North Vancouver RCMP investigation

Charges: Sexual assault.

Issue: Whether or not the acts complained of were consensual or not, and whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Mines provided further information to th investigator on our client’s behalf that ultimately led to police declining to recommend any criminal charges. No charge was approved. No criminal record.

R. vs. R.L. – Courtenay Supreme Court Bail Review

Charges: Extortion, Possessing and distributing child pornography, Criminal harassment; Obstructing justice.

Issue: Whether it was reasonable for our client to be detained in custody pending his trail.

Result: After considering Mr. Gauthier’s submissions, the Supreme Court Justice agreed to release our client on surety bail with a cash deposit.

R. v. R.L. – New Westminster Supreme Court

Charge: Sexual Assault.

Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue with the prosecution in this retrial after a deadlocked jury decision.

Result: upon considering all of Mr. Mines’ representations, Crown counsel entered a stay of proceedings. No jail. No criminal record.

R. vs. O.P. – Victoria Provincial Court

Charges: Voyeurism; Criminal harassment.

Issue: Whether Crown could prove that our client actually recorded and distributed images without consent of the complainant.

Result: Mr. Gauthier was able to persuade Crown counsel to proceed only on the criminal harassment charge. After hearing Mr. Gauthier’s submissions, the trial judge granted our client a conditional sentence order with a curfew for two months. No jail.

R. vs. E.K. – Vancouver Provincial Court

Charges: Criminal harassment; Distributing intimate images without consent.

Issue: Whether the Crown could prove the circumstantial evidence they sought to rely on and whether jail was the  appropriate sentence.

Result: Mr. Gauthier was able to convince Crown counsel to not rely on much of the aggravating evidence and, on our client’s guilty plea to not seek a jail sentence. After hearing Mr. Gauthier’s submissions, the Court granted our client a suspended sentence with probation. No jail.

R. vs. J.S. – Surrey Provincial Court

Charge: Sexual Assault (reduced to common assault.)

Issue: Whether Crown counsel could prove that our client touched the complainant for a sexual purpose.

Result: Mr. Mines was able to persuade Crown counsel that our client did not intend to touch the complainant in a sexual manner. The Crown agreed to proceed on the lesser charge of common assault and, after hearing Mr. Mines’ submissions, the Judge granted our client a conditional discharge. No criminal conviction. No jail. No sex offender registry.

R. vs. R.N. – RCMP Investigation

Charge: Possession of child pornography.

Issue: Whether police would be able to prove that our client was the only person that had access to the IP address on which the unlawful material was downloaded.

Result: Mr. Mines provided information to the police investigator that led the investigator to close the file with no charges recommended against our client. No jail. No criminal record.

R. vs. R. L. – New Westminster Supreme Court (jury).

Charge: Sexual Assault.

Issue: The credibility and reliability of the complainant and  our client who both testified in this historic sexual assault case.

Result: After  9 hours of deliberations, the jury was deadlocked and could not reach an unanimous decision. No conviction. The trial judge remitted the matter back to court to set a new trial.

R. vs. L.M. – Vancouver Provincial Court

Charges: Assault with a weapon; assault causing bodily harm.

Issue: Given elements of provocation, a potential defence of self-defence, and our client’s background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.

Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client succesfully completing the Alternative Measures Program. No criminal record.

R. vs. B.L. – New Westminster Supreme Court (jury).

Charge: Sexual Assault.

Issue: Whether the complainant was a credible and reliable witness.

Result: After the complainant was cross-examined by Mr. Johnson for a full day, the Crown elected to enter a stay of proceedings bringing the trial to an end. No jail. No criminal conviction.

R. vs. A.A. – Richmond Provincial Court

Charges: Sexual Assault; Overcome Resistance by Choking.

Issue: Given the additional information that Mr. Johnson was able to provide to police, whether it was appropriate to proceed to the trial on the approved charges.

Result: Mr. Johnson was able to persuade Crown counsel to re-elect to proceed summarily, to drop the charge of choking and, after hearing Mr. Johnson’s submissions on our client’s behalf, the trial judge sentenced our client to a conditional discharge with probation. Our client avoided a significant jail sentence.