Our Successes
The vast majority of our clients’ cases are resolved favourably.
R. v. H.C. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual Assault; Sexual Interference.
Issue: Whether the complainant held herself out to be at least 16 years of age and whether our client took reasonable steps to ascertain her age.
Result: Mr. Mines was able to provide information to Crown counsel on our client’s behalf that established that our client did take reasonable steps to ascertain the complainant’s age. In the result, Crown declined to approve any criminal charges. No criminal record.
R. v. A.L. – Vancouver Provincial Court
/in All Successes, Theft & Fraud/by Mike MinesCharges: Tax Evasion (Excise Tax Act); Fraud Over $5000 x2.
Issue: Given our client’s cooperation with the investigation, his civil settlement and his genuine remorse, whether a jail sentence was appropriate for this almost one million dollar tax evasion case.
Result: Mr. Mines was able to provide medical and financial information to Crown counsel that ultimately led Crown to proceed on the fraud charges rather than seeking an almost one million dollar mandatory fine under the Excise Tax Act. The Court accepted the joint submission for a 2 year less a day conditional sentence and probation. No jail.
R. v. T.C. – Fraud Over $5000 Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharge: Fraud Over $5000.
Issue: Given the civil settlement of this $245,000 misappropriation from employer case, whether there was any interest in pursuing a criminal investigation and prosecution.
Result: Mr. Johnston was able to negotiate a civil settlement and obtained a Final Release from the complainant. No criminal investigation occurred. No risk of jail or criminal prosecution.
R. v. Q.D.T. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to allow our client into the Alternative Measures program. Upon completion of Alternative Measures, Crown enteresd a stay of proceedings. No criminal record.
R. v. A.M. – Possession of Stolen Property Investigation – Squamish RCMP
/in All Successes, Property Offences/by Mike MinesCharge: Possession of Stolen Property (motor vehicles).
Issue: Whether there was sufficient evidence that our client was aware that the vehicles that he possessed had been obtained by the commission of crimes.
Result: Mr. Gauthier was able to steer our client through the police investigation. Ultimately, based on insufficient evidence, police declined to forward charges against our client. No prosecution. No criminal record.
R. v. S.R. – Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharge: 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 charges were forwarded. No criminal record.
R. v. A.B. – Vancouver Provincial Court
/in All Successes, Property Offences, Theft & Fraud/by Mike MinesCharge: Break and Enter.
Issue: Given our client’s mental health issues, whether a conditional discharge was an appropriate sentence for this drug store break in.
Result: Mr. Gauthier provided Crown counsel with information about our client which persuaded Crown to make a joint submission for a conditional discharge. No jail. No criminal conviction.
R. v. M.G. – Nanaimo Provincial Court
/in All Successes, Assault & Threatening Charges, Property Offences/by Mike MinesCharges: Sexual Assault; Theft of Motor Vehicle x2; Break & Enter.
Issue: Whether or not it was in the public interest to proceed with the trial considering the reluctance oft the Crown’s central witness and rehabilitative steps we were able to guide our client through.
Result: Mr. Gauthier was able to provide information to Crown counsel that ultimately led to a stay of proceedings on all counts. No criminal record.
R. v. S.G. – Port Coquitlam Provincial Court
/in Assault & Threatening Charges, All Successes/by Mike MinesCharges: Obstruct peace officer.
Issue: Whether it was in the public interest to continue with a criminal prosecution.
Result: Given our client’s remorse and rehabilitation, Mr. Gauthier was able to persuade Crown counsel to divert our client into the Alternative Measures Program and to withdraw the charge. No criminal record.
R. vs. A.B. – Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharge: 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. S.M. – Surrey Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Uttering Threats (domestic).
Issue: Given the circumstances of the incident and our client’s background, whether it was in the public interest to proceed with the charge.
Result: Considering our client’s unblemished history awaiting trial, Mr. Gauthier was able to persuade Crown counsel to withdraw the charge. No criminal record.
R. v. M.L. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual Assault; Breach of undertaking.
Issue: Whether the complaint met the Crown’s charge approval standard. Whether it was in the public interest to proceed with the breach charge.
Result: Mr. Gauthier was able to provide information to Crown on our client’s behalf which, ultimately, resulted in Crown not approving any charge on the sexual assault complaint and agreeing to a 12 month peace bond on the breach charge. No jail. No criminal record.
