Recent Successes

M.S. – UBC Academic Misconduct Investigation

Charge: 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

Charges: 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

Charges: 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

Charges: 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

Charge: Assault with Weapon.

Issue: Whether the Crown could prove our client was the individual who committed the offence.

Result: Our client was charged with assaulting the victim with a sword. The sole issue at trial was whether Crown could prove the identity of the attacker.  After Mr. Johnston's cross-examinaton of the Crown witnesses at trial, the trial judge found that our client could not be identified on the video or by eyewitnesses. Not guilty. No criminal record.

R. vs. D.A. – Kelowna Provincial Court

Charges: 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

Charge: 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

Charge: 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

Charges: 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

Charge: 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

Charges: 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

Charge: Mischief to Property.
Issue: After Mr. Gauthier was able to facilitate making restitution on our client's belf, whether it was in the public interest top 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.