R v. B.T. – Richmond Provincial Court October 8, 2013
Charge: Endangering or interfering with an airline crew contrary to Section 7.41(1)(a) Aeronautics Act Issue: Endangering or interfering with an airline crew contrary to Section 7.41(1)(a) Aeronautics ActResult: BT was sentenced to a $750 fine.
Regina v A.D. – Vancouver Provincial Court September 10, 2013
Assault and misleading a police officer Facts:
A.D. had called 911 and made a false statement resulting in numerous police officers and six police cars arriving at her home.Issue:
Whether or not jail and/or a criminal record could be avoided.
Result: Mr. Buchanan was able to persuade Crown Counsel to agree to diversion. As a result a stay of proceedings was entered on both counts. There was no criminal record.
A.D. wrote: “I can’t thank you enough for your words, knowledge and assistance in all this….. you have renewed my faith in the profession.”
R v M.W.Charge: Sexual Assault (date rape) Facts: Accused and woman he met in the bar returned to his residence. They had consensual sex. She later called police and said she had been sexually assaulted.Issue: Whether or not M.W. should make a full statement to the police given the fact the police had serious reservations about the woman’s statement. Mr. Buchanan attended the police station with his client, who made a full and complete statement.Result: No charges were laid.
R v J.B.P. – Vancouver Provincial Court June 3, 2013
Charge: Fraud Under $5000; Employee/Employer Relationship: Breach of Trust Issue: Whether jail could be avoidedResult: After hearing Mr. Buchanan’s submissions the Judge gave J.B.P. a suspended sentence with probation of twelve months restitution of approximately $1900 and 25 community work service hours. No jail.
R v R.R. – Vancouver Downtown Community Court May 16, 2013
Charge: Threatening x 2; Assault (domestic) and Breach of Recognizance Issue: Could ‘real’ jail be avoided and inspite of a number of convictions for breaches of Court Orders, could a conditional sentence be imposed.Result: R.R. plead guilty to one count of threatening. The Crown entered a stay of proceedings on the other four counts. After hearing Mr. Buchanan’s submissions, the Judge sentenced R.R. to four months of house arrest followed by a Probation Order with 30 community work service hours.
R v Y.L. – Vancouver Provincial Court February 26, 2013
Charge: Theft Under $5,000Issue: Whether or not criminal charges could be avoided.Result: Mr. Buchanan was able to convince Crown Counsel to resolve this case by way of a ‘caution letter.’ Y.L. was therefore not even charged with a criminal offence. An important factor in this case was that Y.L. Retained Mr. Buchanan very shortly after the arrest and before Crown Counsel laid the charge.
R v H. K. – Surrey Provincial Court February 26, 2013
Charge: Assault with a Weapon, Assault and Uttering Death Threats Issue: Whether or not H.K. could avoid a jail sentence and a criminal record.Result: Mr. Buchanan was able to convince Crown Counsel to dispose of the case by way of a guilty plea to simple assault. After hearing Mr. Buchanan’s submissions the Judge imposed a conditional discharge, probation for one year, a 100 hours of community work service and a $1,000 donation to a charity. No jail time. No criminal record.
R v V.P. – Abbotsford Provincial Court November 28, 2012
Charge: Production of Marijuana; Possession for the Purpose of Marijuana Issue: Whether or not a jail sentence could be avoided.Result: The ‘grow-op’ consisted of a 101 plants. The prosecutor’s Initial Sentencing Position was six to nine month in ‘real’ jail. After hearing Mr. Buchanan’s submissions, the judge suspended the passing of sentence and placed V.P. on Probation for twelve months. No jail. No house arrest.
R v L.B. – Abbotsford Provincial Court November 7, 2012
Charge: Multiple counts including criminal harassment, threatening, carrying a concealed handgun, impaired driving, possession of a loaded prohibited handgun, various other weapons charges and production of marijuana Issue: Whether or not the mandatory minimum sentence of three years in jail for possession of a loaded prohibited weapon could be avoided.Result: After extensive negotiations with Crown Counsel which took almost one year to conclude, Mr. Buchanan was able to negotiate an agreement which resulted in L.B. receiving an 18 month Conditional Sentence Order with 12 months of that being ‘house arrest’. No real jail. L.B. wrote: “I am writing this testimonial for John Buchanan in thanks of the wonderful job that he did for me. I am sure that anyone who retained John as legal counsel will benefit from his years of legal knowledge in the criminal law field as I did… I will refer Mr. Buchanan in a heart beat. Thank you John, once again. L.B.”
R v S.G. – Abbotsford Provincial Court September 6, 2012
Charge: Spousal Assault x 2 Issue: Whether it was possible to avoid a criminal record. The client’s employment would be terminated if a criminal record had been imposed.Result: Mr. Buchanan was able to convince Crown Counsel to resolve the matter by way of a Section 810(1) ‘Peace Bond.’ This meant that S.G. had no criminal record and therefore was able to maintain his/her employment and also resume co-habitation with his/her spouse.
R v D.C. – Vancouver Provincial Court June 27, 2012
Charge: Hit & Run Causing Bodily Harm Issue: Whether or not jail and/or a criminal record could be avoided.Result: Even thought the Crown was initially seeking a sentence of ‘real’ jail, after hearing Mr. Buchanan’s submissions the judge granted D.C. a Conditional Discharge. Client remarks: “without Mr. Buchanan I felt like a sailor lost at sea…..I would strongly recommend him to anyone….I can never thank Mr. Buchanan enough.”
R v M.F. – Surrey Provincial Court June 12, 2012
Charge: Domestic Assault involving a spouse and a step-child Issue: Whether or not a criminal record could be avoided.Result: Mr. Buchanan was able to convince Crown Counsel to proceed by way of a Section 810(1) ‘Peace Bond.’ No criminal record.
R v K.P. – Vancouver Provincial Court
February 28, 2012
Charge: Theft Under $5,000
Issue: Whether it was possible to a avoid a criminal record.
Result: Mr. Buchanan was able to convince Crown Counsel to resolve the case by way of diversion prior to formally charging his client with theft. In any future job application the client will therefore be able to state that he/she not only has no criminal record but has never been charged with a criminal offence. Client’s remarks: “…tell John that I very much appreciate the job he has done for me.”
R v W.P. – North Vancouver Provincial Court
February 27, 2012
Charge: Trafficking Marijuana x 3
Issue: Whether or not a jail sentence could be avoided.
Result: After hearing Mr. Buchanan’s submissions, the Judge ordered that W.P. pay a fine of $1,000.00. No jail time. W.P.’s sister wrote: “once again I can only express my thanks for attention to these details on my brother’s behalf.”
I am absolutely pleased with the results he was able to achieve for me. Most importantly Mr. Buchanan kept me out of jail. His straightforwardness made each meeting with him seem effortless. I strongly recommend John Buchanan to anyone hoping against hope. I can not thank him enough.
I would like to thank you for being a good lawyer and a wonderful human being. There are few in your profession who take the time for their clients.June B wrote November 15, 2013)