Tag Archive for: Sexual assault

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. J.F. – Dawson Creek Provincial Court

Charge: Sexual Assault.

Issue: The credibility of the complainant’s testimony during this three day trial.

Result: After vigorous cross examination of the complainant and another Crown eyewitness, Mr. Gauthier made submissions which were accepted by the trial judge. The court found our client to be not guilty and aquitted him of the charge. No jail. No criminal record.

R. v. R.L. – New Westminster Supreme Court

Charge: Sexual Assault.

Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue with the prosecution in this retrial after a deadlocked jury decision.

Result: upon considering all of Mr. Mines’ representations, Crown counsel entered a stay of proceedings. No jail. No criminal record.

R. vs. M.M. – Courtenay Provincial Court

Charges: Sexual Assault (police investigation).

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

Result: Mr. Johnson was able to persuade police that it was in the parties’ best interest and not contrary to the public interest to resolve this matter through Restorative Justice. No charges were approved. no criminal record.

R. vs. H.L. – Richmond Provincial Court

Charge: Sexual Assault.

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

Result: Mr. Johnson was able to provide information to the Crown on our client’s behalf that persuaded Crown that the case did not meet the charge approval standard. No charge was approved. No criminal record.

R. vs. N.D. – Richmond Provincial Court

Charge: Sexual Assault.

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

Result: Mr. Johnson was able to direct Crown counsel to various flaws in the prosecution’s case. On the eve of a 4 day trial, Crown agreed to resolve this matter by withdrawing the charge. Our client entered into a Peace Bond. No criminal record.