R. vs. T.B. – Vancouver Provincial Court
Charges: Indecent Act; Assault With a Weapon; Possessing of a Weapon for Dangerous Purpose (x2); Robbery; Uttering Threats; 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 prosecution of all counts; whether a jail sentence was appropriate.
Result: Mr. Johnston identified weaknesses in the evidence which persuaded the Crown there was no reasonable prospect of conviction on the Indecent Act charge. Mr. Johnston persuaded Crown counsel to resolve the case on three of the remaining counts and to stay all remaining charges. After hearing Mr. Johnston’s submissions regarding our client’s personal circumstances and his significant rehabilitation efforts, the Court agreed to release our client from custody and to place him on a probation order with conditions supporting his rehabilitation. No further jail time.