Tag Archive for: conditional discharge

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

Charges: Assault; Uttering Threats.

Issue: Whether it was appropriate for the court to enter a conviction.

Result: Mr. Gauthier was able to steer our client through a course of rehabilitation and was able to persuade Crown counsel and the Court to grant our client a conditional discharge.  No criminal conviction.

R. vs. T.F. – Surrey Provincial Court

Charges: Assault with a Weapon; Uttering Threats x2; Unlawful Confinement.

Issues: Whether Crown could prove that a weapon was used or that the complainant was unlawfully confined.

Result: Mr. Mines was able to persuade Crown counsel to accept pleas to the lesser charges of common assault and uttering a threat. After hearing Mr. Mines’ submissions on our client’s behalf, the trail judge granted our client a conditional discharge. No jail; no permanent criminal record.

R. vs. A.U. – Vancouver Provincial Court

Charges: Sexual Assault; Assault; Theft Under; Breach of Undertaking.

Issue: Given our client’s circumstances and the circumstances of the allegations, whether it was in the public interest for Crown to proceed with all charges.

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

R. vs. V.P. – Vancouver Provincial Court

Charges: Assault with a Weapon; Assault Police Officer.

Issue: Given some weakness in the assault with weapon charge and the rehabilitative steps our client had taken, whether it was appropriate for the Crown to seek the jail sentence they were originally seeking.

Result: Mr. Johnson was able to persuade Crown counsel to enter a stay of proceedings on the AWW charge and to jointly seek a conditional discharge on the assault police officer charge. No jail. No criminal conviction.

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

Charge: Assault (domestic).

Issue: Given that the complainant had instigated the altercation, whether it was in the public interest for our client to be convicted of the offence.

Result: We were able to guide our client through a course of rehabilitation and, after hearing Mr. Mines’ submissions, the Court granted our client a conditional discharge and placed him on a non-reporting probation order for six months. No criminal conviction.

R. vs. R.H. – North Vancouver Provincial Court

Charges: Assault (x2); Threatening; Breach of Undertaking (domestic).
Issue: Given the rehabilitative steps our client had taken, whether it was appropriate for the Court to convict him.
Result: Mr. Mines was able to persuade Crown to proceed on only a single count of assault. After hearing Mr. Mines’ submissions, the Court granted our client a conditional discharge. No criminal conviction.