R. vs. K.Q. – Richmond Provincial Court

Charge: Mischief to Property.

Issue: After Mr. Gauthier was able to facilitate making restitution on our client’s belf, whether it was in the public interest top proceed with the criminal prosecution.

Results: Crown counsel accepted Mr. Gauthier’s representations and concluded the matter by entering a stay of proceedings. no criminal record.

R. vs. A.V. – Duncan Provincial Court

Charge: Assault.

Issue: Given the information Mr. Johnston was able to provide to Crown counsel about our client’s circumstances and the significant rehabilitation steps we were able to guide him through, whether it remained in the public interest to continue with the prosecution.

Result: Crown counsel accepted Mr. Johnston’s representations and concluded the matter by entering a stay of proceedings. No criminal record.

R. vs. D.J. – Chilliwack Provincial Court

Charge: Assault (reduced to Peace Bond).

Issue: Given the rehabilitative steps we were able to guide our client through, whether a criminal prosecution was appropriate.

Result: Mr. Mines was able to persuade Crown counsel to proceed pursuant to a s. 810 Peace Bond, and to enter a stay of proceedings on the criminal charge. After hearing Mr. Mines’ submissions, the Court placed our client on the Peace Bond. No criminal record.

R. v. Q.C. – Insurance Fraud Investigation

Charge: Insurance fraud over $5000 investigation.

Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charhges were forwarded. No criminal record.

R. vs. D.K. – Surrey Provincial Court

Charges: Assault; assault with a weapon; breach of undertaking (x2); attempting to take weapon from police.

Issue: Whether our client’s personal circumstances and positive rehabilitative steps made him a good candidate for a conditional discharge.

Result: Mr. Mines was able to persuade Crown counsel to proceed only on the common assault charge and to stay proceedings on the remaining four criminal charges. After hearing Mr. Mines’submissions, the Court granted our client a conditional discharge and placed him on probation for 12 months. No criminal conviction.

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

Charges: Fraud Over $5,000 (x4); Theft Over $5,000 (x4).

Issue: Given that full restitution was made and that our client had taken significant steps toward self-rehabilitation, whether jail was the appropriate sentence for this $240,000 employee fraud.

Result: Mr. Mines was able to facilitate the restitution payment and provided medical information to Crown counsel on our client’s behalf. Ultimately Mr. Mines persuaded Crown to  jointly  recommend a non-custodial sentence. After hearing Mr. Mines’ submissions, our client was granted a 2 year less a day conditional senntence.. No jail.

R. vs. R.B. – Vancouver Provincial Court

Charges: Assault Causing Bodily Harm (reduced to assault).

Issue: Whether the caselaw supported our client receiving a conditional discharge for this domestic assault case in which the coplainant sustained a significant injury.

Result: Mr. Gauthier was able to provide Crown counsel with information about our client and a number of case authorities which resulted in Crown agreeing to proceed on assault simpliciter  and to make a joint recommendation for a conditional discharge, which was accepted by the court.

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

Charges: Assault causing bodily harm.

Issue: Given the parallel civil claim and the issue of  self defence, whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.

Result: Mr. Gauthier was able to provide information about our client’s circumstances and the circumstances of the incident which caused Crown counsel to enter a stay of proceedings. No criminal record.

R. vs. P.G. – Richmond Provincial Court

Charges: Assault; Assault by Choking.

Issue: Whether our client was acting in self defence and whether he used excessive force.

Result: Mr. Mines was able to guide our client through a course of self rehabilitation and to persuade Crown to proceed on the lesser charge of simple assault. After hearing Mr. Mines’ submissions, the Court granted our client a conditional discharge and declined to make the restitution order sought by the complainant. No criminal conviction.

R. vs. C.C. – Insurance Fraud Investigation

Charges: Fraud Over $5,000 Investigation.

Issue: Given that we were able to negotiate a civil settlement of this $6,000 insurance claim overpayment, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Gauthier was able to negotiate a settlement of the alleged fraudulent claim. We obtained a full Release, ending the matter. No further liability. No criminal charges were forwarded.

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

Charges: Sexual assault; assault.

Issue: Whether the trial judge would allow Mr. Mines’ application to cross examine the complainant on prior records (text messages) that impacted her credibility and reliability.

Result: The trial judge allowed our application in part, and ruled that the remaining issues could be renewed at at further point in the trial. Crown counsel entered a stay of proceedings after the conclusion of our application. No further prosection. No jail. no criminal record.

R. vs. A.J. – Insurance Fraud Investigation

Charges: Fraud Over $5,000 Investigation.

Issue: Given that we were able to negotiate a civil settlement of this $13,000 insurance claim overpayment, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Mines was able to negotiate a settlement of the alleged fraudulent claim. We obtained a full Release, ending the matter in both the civil and criminal context. No further liability. No criminal charges.