Tag Archive for: assault with a weapon

R. v. E.C. – Vancouver Provincial Court

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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

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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. 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. J.Z. – Vancouver Provincial Court

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Charges: Assault with a weapon.

Issue: Given the circumstances of the offence and the rehabilitative steps that we were able to guide our client through, whether it was in the public interest for our client to be granted a conditional discharge in this case involving our client not obeying  a traffic flag person and assaulting her with her car.

Result: Mr. Mines was able to persuade Crown and the Court to grant our client  a conditional discharge. Our client was placed on probation with a term to perform community service work.

R. vs. B.L. – Victoria Provincial Court

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Charges: Assault with a weapon.

Issue: Given the circumstances of the offence and the rehabilitative steps that we were able to guide our client through, whether it was in the public interest for our client to be granted a conditional discharge in this case involving an alcohol fuelled  fight among a group of young men.

Result: Mr. Mines was able to persuade Crown and the Court  to grant our client  a conditional discharge. Our client was placed on probation with a term to continue with counselling and to perform community service work.

R. vs. B.S. – Vancouver Provincial Court

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Charge: Assault with a weapon.

Issue: Given the relatively minor nature of the allegation, whether it was in the public interest for Crown to approve charges and to proceed with a criminal prosecution.

Result: Mr. Mines provided information to Crown counsel, culminating in Crown’s decision to not approve any charges byt, rather, to refer our client to the Alternative Measures Program. No criminal record.

R. vs. A.M. = Vancouver Provincial Court

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Charges: Assault with a Weapon; Assault Causing Bodily Harm.

Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution.

Result: Mr. Johnston provided Crown counsel with information about our client’s circumstances, including his lack of prior criminal offending, his efforts at rehabilitation, and the fact that a conviction for either offence could result in the client’s deportation, an outcome which Mr. Johnston argued would be disproportionate to the seriousness of alleged offences. At the same time, Mr. Johnston pointed out weaknesses in the evidence against our client. The Crown directed stays of proceedings on both charges. No jail. No criminal record.

R. vs. C.D. – Vernon Provincial Court

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Charges: Assault with a weapon; Mischief to property.

Issues: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the criminal prosecution in this case where our client allegedly intentionally collided with the complainant’s vehicle.

Result: Mr. Gauthier provided additional information to Crown counsel and was able to persuade Crown to resolve this matter with a s.810 Recognizance (Peace Bond).

 

 

R. vs. H.S. – Vancouver Provincial Court

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Charge: Assault with a weapon.

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

Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown deciding to end the prosecution not approve any charges.  No criminal record.

R. vs. L.M. – Vancouver Provincial Court

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Charges: Assault with a weapon; assault causing bodily harm.

Issue: Given elements of provocation, a potential defence of self-defence, and our client’s background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.

Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client successfully completing the Alternative Measures Program. No criminal record.

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

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Charges: Assault with a weapon (x3); unlawful confinement;

Issue:  Given the random and bizarre acts of our client, whether it was appropriate for the Court to release our client from custody pending the conclusion of the charges.

Result: Notwithstanding that Crown was strongly opposed to our client’s release, Mr. Gauthier was able to facilitate a release plan that satisfied the Court. After hearing our submissions, the Court released our client from custody on rehabilitative conditions.

R. vs. G.W. – North Vancouver RCMP Investigation

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Charge: Assault with a weapon.

Issue: Whether there was sufficient evidence to support a criminal prosecution.

Result: Mr. Johnson was able collect information from a defence witness and represent to police that our client should not  be prosecuted. Police concluded their investigation without recommending any criminal charge against our client. No criminal record.