Our Successes
Property Offences
R. vs. T.A. – West Shore RCMP investigation
/in Property Offences, Weapons Offences/by Mike MinesCharge: Assault (Domestic).
Issue: Whether it was in the public interest for the Crown to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information to Crown Counsel that convinced them not to approve charges against the client. No criminal prosecution. No criminal record.
R. vs. H.K. – Burnaby RCMP Investigation.
/in All Successes, Property Offences/by Mike MinesCharges: Mischief Under $5000.
Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest for police to forward charges to Crown counsel.
Result: Based on the significant collateral consequences that a criminal prosecution would bring to our client, Mr. Gauthier persuaded police to not forward any criminal charge whatsoever.
R. vs.N.Z. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this case of our client causing damage to property.
Result: Mr. Gauthier was able to provide information to Crown counsel which resulted in Crown agreeing to stay the criminal charge upon our client completing the Alternative Measures Program. No criminal record.
R. vs. Y.L. – Richmond Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Alleged breach of Conditional Sentence.
Issue: Whether the Crown could prove that our client’s actions were a serious breach of his community based sentence that warranted further jail time.
Result: Mr. Mines was able to present our client’s explanation for the breach and after considering our submissions, the court agreed to take no action and ordered taht our client serve the balance of his sentence back in the community.
R. vs. J.H. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.
R. vs. B.R. – Port Coquitlam Provincial Court
/in All Successes, Property Offences/by Mike MinesCharges: Mischief to Property (x2).
Issue: Whether, given our client’s circumstances, it was appropriate to continue the criminal prosecution of this matter which involved damage in excess of $5000 to two vehicles.
Result: Mr. Johnson was able to persuade Crown counsel to allow our client into the Alternative Measures Program and to stay both criminal charges upon completion. No criminal record.
R. vs. L.M. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharges: Mischief Over $5000; Assault Police Officer.
Issue: Whether the sentence ought to emphasize punishment or rehabilitation in this matter where our client was alleged to have caused over $100,000 in damage to his building.
Result: Mr. Gauthier was able to provide Crown counsel with materials confirming the rehabilitative steps our client had taken for his mental health. The cRown stayed the assault police officer charge and, after hearing Mr. Gauthier’s submissions, the Court granted our client a conditional discharge and placed him on probation. No jail.
R. vs. J.A. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharges: Personation, Use of Forged Identity Documents, Resist Arrest.
Issue: Whether the search and seizure of the documents was an unlawful Charter breach.
Result: Mr. Mines was able to persuade Crown and the Court that, in all the circumstances, it was in the public interest to grant our client a conditional discharge without any reporting condition.
R. vs. M.R. – Vancouver Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with the charge, given the excessive force used in arresting our client.
Result: Mr. Johnson provided information to Crown on our client’s behalf and was able to persuade Crown to enter a stay of proceedings. No criminal record.
R. vs. D.Z. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges, Property Offences/by adminCharge: Assault with a Weapon; Uttering Threats; Mischief to Property.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to persuade Crown counsel that there were frailties in the case regarding the complainant’s credibility and whether our client was acting in self defence. Crown agreed to stay all criminal charges and to proceed by way of a Peace Bond. No criminal record.
R. vs. K.K. – Surrey Provincial Court
/in All Successes, Property Offences, Theft & Fraud/by adminCharge: Breaking and Entering; Possession of Stolen Property.
Issue: Whether Crown could prove that our client, who was a passenger in the principal suspect’s vehicle, had the requisite knowledge of the offence.
Result: Mr. Mines was able tp persuade Crown counsel to enter a stay of proceedings. No criminal record.
R. vs. C.M. – North Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges, Property Offences, Weapons Offences/by adminCharge: Obstuct Police; Mischief to Property, Possession of a Weapon for a Dangerous Purpose.
Issue: Given the rehabilitative steps that our client took on his own initiative, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Johnson was able to persuade Crown counsel to refer our client to the Alternative Measures Program rather than approve criminal charges. No criminal record.
