Our Successes
The vast majority of our clients’ cases are resolved favourably.
M.S. – UBC Academic Misconduct Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharge: Our client was investigated for theft of pharmaceuticals while on a job placement assignment.
Issue: Whether there was sufficient evidence to warrant the university to expel our client from furthe studies at UBC.
Result: Mr. Gauthier was able to guide our client through the investigation process and was able to convince the faculty to allow our client to continue studying. Rather than proceeding to a discipline hearing, the matter was concluded.
R. v. V.M.C. – Vancouver Provincial Court
/in All Successes, Murder and other Serious Offences/by Mike MinesCharges: Attempted Murder; Assault with a weapon; Assault causing bodily harm.
Issue: Whether our client had the requisite mental intent to be convicted of attempted murder.
Result: Mr. Gauthier was able to present Crown counsel with relevant medical and background information that ultimately persuaded Crown to resolve this matter on the less offence of assault causing bodily harm. After hearing Mr. Gauthier’s submissions, the trail judge sentenced our client to 90 days jail and 3 years probation rather than the lengthy jail sentence Crown had originally sought.
R. v. M.G. – Nanaimo Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Break and Enter; Sexual Assault.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Gauthier was able to persuade Crown counsel that the Crown lacked the necessary evidence to gain a conviction. On the eve of the trial, Crown entered a stay of proceedings, bringing the matter to an end. No criminal record.
R. v. H.A.S. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual Assault (x4).
Issue: Given our client’s extensive progress with rehabilitation and the collateral consequences of a conviction, whether it was appropriate for our client to be granted a conditional discharge.
Result: After hearing Mr. Mines’ extensive submissions on our client’s behalf, the trial judge granted our client a conditional discharge rather than imposing a conviction which would have resulted in a deportation order.
R. v. E.C. – Vancouver Provincial Court
/in Assault & Threatening Charges, All Successes/by Mike MinesR. vs. D.A. – Kelowna Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault with a Weapon; Obstruct Police Officer.
Issue: Despite the very serious nature of the offence (threatening to cause serious harm at knifepoint) whether a jail sentence was the appropriate sentence.
Result: Mr. Gauthier was able to direct our client through an intensive course of rehabilitation, and was ultimately able to persuade Crown counsel and the Court to grant our client a conditional sentece to be served in the community in a residential tratment facility. No jail.
R. vs. R.P. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault.
Issue: Given the extensive rehabilitation effort of our client, whether it was appropriate for the court to grant our client a conditional discharge.
Result: Mr. Mines was able to persuade the Court that provocation was a significant factor and that, despite kicking the complainant, the appropriate sentence was a discharge on condition of “no contact” for 12 months. No criminal conviction.
R. v. K.P. – Vancouver Provincial Court
/in Assault & Threatening Charges, All Successes/by Mike MinesCharge: Uttering Threats (reduced to Peace Bond).
Issue: Given the Charter issues that arose during our client’s arrest, whether it was appropriate to continue with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel that police had likely violated our client’s rights during his arrest and to proceed with a Peace Bond rather than the criminal charge. No criminal record.
R. vs. O.A. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Criminal Harassment (reduced to Peace Bond).
Issue: Given our client’s significant self-rehabilitation, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to end the criminal prosecution and to resolve the matter with a s. 810 Recognizance (“Peace Bond”). No criminal record.
R. vs. P.A.N. – West Vancouver Police Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharge: Fraud (from employer).
Issue: Given our client’s cooperation with authorities and willingness to repay the alleged misappropriated funds, whether it was in the public interest to proceed with criminal charges.
Result: Mr. Gauthier was able to persuade the police investigator to refer the file to Restorative Justice rather than arresting our client and recommending a criminal prosecution. No charge was approved. No criminal record.
R. vs. M.P. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault (reduced to Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest continue with a criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to proceed with a Peace Bond rather than the criminal assault charge. No criminal record.
R. vs. K.Q. – Richmond Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief to Property.
Issue: After Mr. Gauthier was able to facilitate making restitution on our client’s behalf, whether it was in the public interest to 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.