R. v. D.N. – Vancouver Provincial Court
Charges: Robbery, Assault With Weapon x 2, Assault Causing Bodily Harm
Issue: Whether the Crown could prove beyond a reasonable doubt that it was our client who had committed the offences.
Result: Mr. Johnston was able to persuade Crown counsel that there was no reasonable likelihood our client could be identified as the person captured on video committing the offences. If our client were convicted at trial, the Crown would have asked the court to impose a sentence of 2 years’ jail or more. Instead, the Crown directed a stay of proceedings rather than continuing the criminal prosecution. No record. No further jail.
R. v. C.J.X. – Richmond Provincial Court
Charges: Assault with a Weapon.
Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with criminal charges.
Result: After providing Crown counsel with our client’s positive psychological counselling report, Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.
R. v. R.A.M. – New Westminster Provincial Court
Charge: Sexual Assault (reduced to Peace Bond).
Issue: Whether the complainant’s evidence would be credible and reliable at trial, and whether there was public interest in continuing to prosecute our client.
Result: Mr. Johnston was able to provide information to Crown counsel about our client’s circumstances and the circumstances of the incident which persuaded the Crown to agree to resolve the matter by applying for a peace bond rather than continuing the criminal prosecution. Stay of Proceedings. No criminal record.
R. v. B.E. – Surrey Provincial Court
Charges: Assault (domestic) x2.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to provide information to Crown counsel on our client’s behalf and ultimately persuaded Crown to enter a stay of proceedings. No criminal record.
R. v. A.S. – Vancouver Provincial Court
R. v. M.A.K. – Vancouver Provincial Court
R. v. S.B. – Vancouver Provincial Court
Charge: Carrying a Concealed Weapon.
Issue: Given the information Mr. Johnston was able to provide to Crown counsel regarding the circumstances of the incident and our client’s background, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Johnston persuaded Crown counsel that there was insufficient public interest, leading Crown to enter a stay of proceedings. No criminal record.
R. v. M.A. Insurance Fraud Investigation
Charge: Insurance Fraud Under $5000.
Issue: Given our client’s rehabilitation and repayment of the 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 charges were forwarded. No criminal record.
R. v. D.S. – Whitehorse Yukon Territorial Court
Charge: Section 810 Recognizance (Peace Bond) Application.
Issue: Whether the Informant could prove her allegations on a balance of probabilities.
Result: After Mr. Gauthier’ communications with the Informant, she declined to advance the case and, on the day of the trial, the court withdrew the Application. No record.
R. v. E.N. – North Vancouver Provincial Court
Charge: Fraud Under $5000.
Issue: Given the information Mr. Gauthier provided to Crown counsel regarding our client’s personal circumstances and the circumstances of the alleged offence, whether it was appropriate to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown that there was no substantial likelihood of a conviction resulting ultimately in Crown declining to approve a charge. No criminal record.
R. v. E.N. – North Vancouver Provincial Court
Charge: Mischief Under $5000.
Issue: Given the information Mr. Gauthier provided to Crown counsel regarding our client’s personal circumstances and the circumstances of the alleged offence, whether it was appropriate to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown that there was no substantial likelihood of a conviction resulting ultimately in Crown declining to approve a charge. No criminal record.
R. v. K.D. – Vancouver Provincial Court
Charges: Failing to Remain at the Scene of an Accident.
Issue: Whether our client’s Charter rights were breached due to unreasonable delay.
Result: Mr. Mines was able to provide information to Crown counsel that ultimately caused Crown to proceed against our client as the owner and not the driver of the vehicle. He plead to the lesser charge of Failing to Remain under the Motor Vehicle Act and received a fine, but no driving prohibition. No criminal record.
