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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Charges: Indecent Assault.
Issue: Given the information and materials Mr. Johnson provided to the Crown and the Court on our client’s behalf, whether a jail sentence was appropriate.
Result: Mr. Johnson was able to persuade Crown not to seek jail and, after hearing Mr. Johnson’s submissions, the court sentenced our client to 12 months probation. No jail.
Charge: Sexual Assault.
Issue: Given the circumstances of the incident and the rehabilitative steps we were able to steer our client through, whether it was in the public interest for Crown to proceed with the prosecution.
Result: Upon providing information including counselling records to Crown counsel, Mr. Johnson was able to persuade Crown to not approve any criminal charges. No jail; 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
