Charge: Theft Under $5000.
Issue: Whether it was in the public interest to proceed with the criminal charge in this $400 shoplifting case.
Result: Mr. Johnson was able to persuade Crown Counsel to not approve the criminal charge upon our client completing Alternative Measures.
Charge: Fraud Under $5000.
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to prosecute.
Result: Mr. Mines was able to persuade Crown that our client had a viable explanation for not paying his bill. Crown entered a stay of proceedings and cancelled the arrest warrant. No criminal record.
Charge: Attempted Fraud Over $5,000.
Issue: Whether it was in the public interest for our client to be granted a discharge in the circumstances of attempting to fraudulently open a $50,000 bank line of credit.
Result: After hearing Mr. Mines’ submissions, the Court granted our client a conditional discharge and placed him on probation for one year.
Charge: Fraud Over $5000.
Issue: Whether our client would be sentenced to jail for this $480,000 breach of trust fraud offence.
Result: Mr. Mines successfully negotiated a civil settlement in the amount of $200,000. He was then able to persuade Crown Counsel to agree to not seek a jail sentence. After hearing Mr. Mines’ submissions, the court sentenced our client to an 18 month conditional sentence. No jail.
Charge: Theft; Posession of Stolen Property Under $5000.
Issue: Whether, given new evidence provided by our client, the Crown had a reasonable prospect of a conviction.
Result: At the outset of the trial, Mr. Mines was able to persuade Crown counsel to call no evidence. The trial judge dismissed both charges. No criminal record.
Charge: Attempted B&E.
Issue: Whether the Crown could prove that our client intended to break into the business establishment.
Result: Mr. Johnson was able to persuade Crown counsel that, despite being found on the rooftop in suspicious circumstances, our client had a reasonable explanation for being there. Charges stayed. No criminal record.
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: Theft Under $5000 (shoplifting).
Issue: Whether, despite being caught on video surveillance, it was in the public interest to proceed with the criminal charge.
Result: Mr. Johnson was able to persuade Crown counsel to enter a stay of proceedings upon our client completing the Alternative Measures program. No criminal record.
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: 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: Theft Under $5000.
Issue: Whether it was in the public interest to proceeed with a criminal prosecution.
Result: Mr. Johnson was able to persuade Crown Counsel that, given the rehabilitative steps our client had taken on his own initiative, it was no longer necessary to proceed. No charge was ever approved. No criminal record.
Charge: Fraud Over $5000.
Issue: Whether the complainant corporation would proceed with a criminal complaint in this alleged $30,000 fraud case.
Result: Mr. Mines was able to negotiate a civil settlement in the amount of $20,000 on our client’s behalf. No charges were forwarded.
Michael, is a consummate professional and an experienced lawyer and law firm. Helped me with my issues and also made sure we considered everything coming from Prosecution. And a pretty fair overall charge for my case.
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
