R. vs. G.K. – Port Coquitlam Provincial Court

Charges: Theft Under $5000 9shoplifting).

Issue: Whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able tp rovide information about our client’s circumstances and the circumstances of the offence that led to Crown deciding to not approve any charges. No prosecution. No criminal record.

R. vs. T.J. – North Vancouver Provincial Court

Charge: Theft Under $5000.

Issue: Whether there was substantial likelihood of a conviction.

Result: Mr. Gauthier provided information and made representations to Crown counsel which ultimately led Crown to agree that there was no reasonable likelihood of a conviction. Stay of proceedings. No criminal record.

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

Charge: Fraud Over $5000.

Issue: Whether our client would be sentenced to a jail for this $10,000 fraud from his employer.

Result: Notwithstanding that our client had a previous criminal conviction for a similar breach of trust offence, Mr. Gauthier was able to persuade Crown counsel to not seek a jail sentence. After hearing Mr. Gauthier’s submissions, the Court sentenced our client to a term of house arrest. No jail.

R. vs. T.F. – Vancouver Provincial Court

Charges: Theft Under $5,000, Obstructing a Peace Officer, Uttering Threats.
Issue: Whether a jail sentence was appropriate in all the circumstances.
Result: Mr. Johnston was able to direct our client to the appropriate community supports with respect to his rehabilitation. Given the positive change in our client’s circumstances, the sentencing judge accepted Mr. Johnston’s submission that a community based sentence was appropriate rather than the 60 jail sentence sought by the Crown. No jail.

R. vs. B.J. – Downtown Community Court

Charge: Theft of property of a value not exceeding $5,000

Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution.

Result: Mr. Johnston identified weaknesses in the available video evidence which persuaded the Crown to direct a stay of proceedings on the charge. No jail. No criminal record.

R. vs. F.S. – North Vancouver Provincial Court

Charge: Theft Under $5000.

Issue: Whether Crown could prove the number and value of the electronic devices they alleged our client stole from his workplace.

Result: Mr. Mines was able to persuade Crown counsel to allege that the theft involved  only 7 devices worth only $1000. After hearing Mr. Mines submissions, the Court granted our client a conditional discharge. No criminal conviction.

R. vs. O.C. – Richmond RCMP Investigation

Charges: Theft (from Employer)) Investigation.

Issue: Whether the evidence was capable of reaching Crown counsel’s charge approval standard.

Result: Mr. Gauthier was able to provide information to the police investigator who, ultimately, elected not to request that any charges be approved. No criminal prosecution. No criminal record.

R. vs. T.X. – Insurance Fraud Investigation.

Charge: Insurance fraud under $5,000 investigation.

Issue: Whether it was in the public interest to proceed with criminal charges.

Result: Mr. Gauthier was able to negotiate civil repayment and obtained a civil Release, ensuring that the matter would end. No criminal charges.

R. vs. S.G. – Coquitlam RCMP Investigation

Charge: Theft Under $5000 (shoplifting).

Issue: Whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to persuade the investigating RCMP member to not forward criminal charges after we settled the matter civilly on our client’s behalf. No criminal record.

R. vs. C.L. – Civil Fraud Investigation

Charge: Fraud/Theft from employer.

Issue: Whether it was in the public interest to proceed with criminal charges.

Result: Mr. Johnson was able to negotiate repayment on our client’s behalf and obtained a civil release from the employer. No charges were forwarded to Crown counsel. No criminal record.

R. vs. D.D. – Vancouver Provincial Court

Charges: Fraud Over $5000; Theft Over $5000 (from employer).

Issues: Whether Crown counsel could prove the full amount of the alleged theft and whether our client would be sentenced to jail in this breach of trust case.

Result: Mr. Mines was able to persuade Crown counsel that they could only prove a $49,000 theft rather than the $75,000 allegation. After hearing Mr. Mines’ submissions, the Court sentenced our client to an 18 month conditional sentence order. No jail.

R. vs. K.J. – ICBC Fraud Investigation

Charges: Insurance (ICBC) Fraud.

Issue: Whether charges would be forwarded to Crown counsel.

Result: Mr. Gauthier  intervened with the ICBC investigator on our client’s behalf and was able to clarify and explain the information that ICBC had flagged as being possibly fraudulent. The matter was resolved with no charges being forwarded to Crown counsel. No prosecution; no criminal record.