Charge: Firearms Prohibition Application.
Issue: Whether the RCMP investigation was lawful and whether the application to prohibit our client from possessing firearms was reasonable.
Result: Mr. Gauthier was able to persuade Crown counsel that in the circumstances it would be disproportionate to prohibit our client from possessing firearms. Crown application withdrawn and the seized firearm was returned to our client.
Charges: Possession of a loaded prohibited firearm; Unlawful storage of firearms.
Issue: Whether the warrant used to search our client’s premises was lawful; whether our client posed a risk to re-offend.
Result: Mr. Mines was able to point to potential flaws in the warrant and police search which culminated in Crown’s agreement to not pursue their original sentencing position of a 2-3 year jail sentence. Rather, the court accepted a joint submission of a 12 month conditional sentence with a curfew for the first six months. No jail.
Charges: Assault with a Weapon (x2).
Issue: Whether it was in the public interest for the court to grant our client a conditional discharge.
Result: Mr. Mines was able to direct our client through a course of rehabilitative counselling, and after hearing Mr. Mines’ submissions, the trial judge granted our client a conditional discharge. No criminal conviction.
Charge: Possession of a loaded restricted firearm.
Issue: Whether the Crown could prove that our client did anything more than briefly touch the gun while he a passenger in a vehicle.
Result: Mr. Mines was able to persuade the trial judge that our client’s actions were minimal and that his youthful age and lack of record allowed him to be granted a conditional discharge. No conviction. No jail.
Charges: Assault with a Weapon; Possession of a Weapon for a Dangerous Purpose.
Issue: Whether there was a substantial likelihood of a criminal conviction.
Result: Mr. Mines was able to persuade Crown that there were flaws in the evidence and that a conviction was highly unlikely. No charges were approved. No criminal record.
Charge: Application for firearms prohibition and forfeiture.
Issue: Whether Crown could establish that our client posed a risk to himself or others.
Result: Mid trial, Mr. Mines was able to obtain a successful resolution in which our client consented to an 18 month prohibition rather than the 5 years Crown had been seeking. Further, rather than having to forfeit the $15,000 worth of weapons that police seized, Crown agreed to allow our client to sell them to a suitable buyer.
Charge: Unlawful Storage of Firearms.
Issue: Whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Mines was able to persuade Crown counsel to direct a stay of proceedings upon our client agreeing to a 5 year firearms prohibition. No criminal record.
Charge: Assault with a Weapon; Assault Causing Bodily Harm.
Issue: Given the rehabilitative steps Mr. Johnson was able to steer our client through, whether our client would be convicted of the offences.
Result: After hearing Mr. Johnson’s submissions on our client’s behalf, the Judge granted our client a conditional discharge. No conviction; no criminal record.
Charge: Obstuct Police; Mischief to Property, Possession of a Weapon for a Dangerous Purpose.
Issue: Given the rehabilitative steps that our client took on his own initiative, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Johnson was able to persuade Crown counsel to refer our client to the Alternative Measures Program rather than approve criminal charges. No criminal record.
Charge: Assault with a Weapon; Mischief; Posession of a Weapon for a Dangerous Purpose.
Issue: Given the rehabilitative steps taken by our client, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Johnson was able to persuade Crown to stay all charges upon our client entering into a Peace Bond. No criminal record.
Charges: Possession/Unlawful Storage of Prohibited/Unregistered Firearms (x8).
Issue: Whether Mr. Mansoori-Dara’s client’s Charter rights were violated during the search of her home. His client was facing a mandatory minimum three year jail sentence.
Result: Mr. Mansoori-Dara persuaded Crown that the search was unlawful and to stay all charges. No jail. No criminal record.
A huge thanks to Michael Mines for getting this criminal charge brought to a fair and appropriate conclusion with a criminal charge being dropped. Michael knows his profession and is well versed in criminal law to seek the best possible outcome for an individual like me, who at 77 years, simply made an honest mistake. […]
Our client had taken responsibility for his actions by pleading guilty in Richmond Provincial Court where he was granted a conditional discharge. Upon being threatened and taunted by his roommate, our client kicked in the door to the roommate’s doo=r and held a meat cleaver to his throat. The Crown appealed sentence. At the sentence […]
