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Assault and Threatening Charges

R. vs. D.K. – Surrey Provincial Court

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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. R.B. – Vancouver Provincial Court

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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

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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

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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. A.S. – Port Coquitlam Provincial Court

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Charges: Assault (domestic) Reduced to Peace Bond.

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue with the criminal prosecution.

Result: Mr. Mines was able to steer our client through a course of rehabilitation and persuaded Crown to stay the assault charge and to allow our client to enter into a Peace Bond.

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

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Charges: Assault; Uttering Threats.

Issue: Whether there was sufficient evidence for criminal charges to be approved.

Result: Mr. Mines was able to provide Crown counsel with additional information and persuaded Crown that it was not in the public interest to proceed with any criminal charges.

R. vs. M.H.E. – Abbotsford Provincial Court

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Charges: Assault.

Issue: Whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Mines was able to provide information to Crown counsel regarding our client’s circumstances and was able to persuade Crown that there was no public interest in proceeding with a criminal prosecution. No criminal record.

R. vs. N. O. – Courtenay Provincial Court

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Charges: Assault Causing Bodily Harm x2; Assault x3.

Issues: Whether there was a substantial likelihood of a conviction.

Result: Mr. Gauthier was able to provide information to Crown counsel which cast the complainant’s credibility and reliability into doubt. The Crown made an adjournment application which Mr. Gauthier opposed. Mr. Gauthier was able to persuade Crown to stay all of the criminal charges upon our client entering into a Peace Bond. No jail; No criminal record.

R. vs. A.H. – Vancouver Supreme Court

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Charges: Sentence Appeal – Forcible entry; Assault with a weapon.

Issue: Whether the Supreme Court would uphold our client’s conditional discharge that was granted to our client by the Provincial Court.

Result: After hearing Mr. Gauthier’s submissions on this sentence appeal, the Supreme Court justice agreed with Mr. Gautier and ruled that the sentence was appropriate in all the circumstances. The court dismissed the Crown’s appeal. The conditional discharge was upheld.

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

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Charge: Assault (domestic).

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue with the prosecution.

Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings, brining the matter to an end. No criminal record.

R. vs. J.C. – Vancouver Provincial Court

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Charge: Assault (domestic).

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for Crown counsel to continue the prosecution.

Result: Mr. Mines was able to provide new information to Crown and was ultimately able to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. K.A. – Surrey Provincial Court

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Charge: Assault Causing Bodily Harm.

Issue: Whether the complainant and the Crown witnesses gave reliable and crdible evidence at trial.

Result: After vigorous cross examination, the trail judge accepted Mr. Gauthier’s submissions that Crown counsel had failed to prove its case. Not guilty verdict. No criminal record.

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