Alleged home invasion interrupted by Calgary Police Service

Alleged home invasion interrupted by Calgary Police Service

OFFENCE: Break and Enter

RESULT: NOT GUILTY

LAWYER: Sean Fagan

Regina v. H.T. – September 2018

Charges: Section 348 of the Criminal Code of Canada 

H.T. was charged in relation to an alleged home invasion in Calgary’s northeast neighbourhood of Taradale.  The police received a 911 call from a frantic 18-year-old woman who reported that multiple men wearing toques, gloves, and dressed all in black were knocking on her door and attempting to break inside.  The woman was able to snap a picture of H.T. on her phone while he was in her backyard.  Members of the Calgary Police Service responded immediately and entered through the backyard, where they observed three men inside the house, including H.T.

The CPS members announced their presence and ordered the three men to stop.  The three men, including H.T., ran out the front door of the residence and initiated a foot pursuit with multiple police officers.  The CPS officers were successful at catching all three men.  Unfortunately for H.T., he was tasered 2-3 times and struck about the head and body before being taken into custody.  When H.T. was arrested, he was found with bear spray in his pocket.

The offence of break and enter is a very serious offence, especially when the home is occupied.  The sentence for this offence invariably includes a lengthy period of incarceration.  And a lengthy period of incarceration is exactly what two of the three men involved received when they entered guilty pleas to the offence.  H.T., on the other hand, retained criminal lawyer Sean Fagan to defend this most serious prosecution.

The matter was scheduled for a three-day trial, wherein Sean Fagan cross-examined multiple police witnesses, as well as the woman who was present in the home.  At the end of the trial, the Court of Queen’s Bench Justice returned a verdict of not guilty.

 

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