Red Deer sexual assault charges – dismissed

Red Deer sexual assault charges dismissed OFFENCE: Sexual assault RESULT: dismissed LAWYER: Sean Fagan Regina v. X.X. – July 2019 Charges: Section 271 of the Criminal Code of Canada  Sex assault charges dismissed at preliminary inquiry This was a historical sexual assault allegation.  X.X. was charged with sexual assault on an underage girl from an interaction he was alleged to have had …

Calgary Starbucks Road Rage leads to assault charges

Prosecution: Criminal assault Result: Criminal Charges withdrawn Regina v. X.X. – January 2019 Lawyer: Sean Fagan Charge: 266 of the Criminal Code of Canada                    X.X. was charged with assault after a dispute between he and another driver that ultimately climaxed at a Starbucks drive in.  X.X. was alleged to have followed the complainant for some distance across the city, ultimately …

Alberta mandatory alcohol screening demand- failure to comply – charges withdrawn

Prosecution: failure to comply with Alberta mandatory alcohol screening Result: Withdrawn Regina v. x.x. – July 2019 Lawyer: Sean Fagan Charge: 320.15 of the Criminal Code of Canada In this case, the police arrived on scene to a vehicle that was high centred on a snow bank, with X.X. in the driver’s seat.  Another vehicle was attempting to pull the vehicle …

Calgary Fentanyl seizure – multi kilo drug operation – not guilty

Prosecution: Calgary fentanyl seizure – multi kilo drug operation – not guilty PROSECUTION: Possession for the Purpose of Trafficking RESULT: NOT GUILTY LAWYER: Sean Fagan Regina v. X.X. – July 2019 Charge: Section 5(2) of the CDSA  X.X. was charged with possession for the purpose of trafficking in a multitude of very serious drugs including heroin, cocaine, fentanyl, MDMA and GHB.   The …

Alberta shatter charges- large seizure of Shatter (pipeline)

Prosecution: possession for the purpose of trafficking PROSECUTION: Possession for the Purpose of Trafficking RESULT: Resolved by way of simple possession with a Fine LAWYER: Sean Fagan Regina v. C.Z. – March 2019 Charge: Section 5(2) of the CDSA  The roving traffic unit is a group of highly trained RCMP officers who use their authority under the Traffic Safety Act to investigate drug …

Banff national park – Musical chairs at the roadside

Prosecution: Driving while disqualified – obstructing a police officer Result: Withdrawn Regina v. C.R. – March 2019 Lawyer: Sean Fagan Charge: 259(4) and 129(a) of the Criminal Code of Canada C.R. was suspended from driving as a consequence of a conviction for impaired driving. Sean Fagan was not C.R.’s lawyer for the impaired driving prosecution. C.R. was alleged to be …

Breach bail awaiting sentence – released and not guilty

Prosecution: Breach of drug bail Result: Not Guilty (Charges dismissed) Regina v. A.S. Lawyer: Sean Fagan Charge: 145(3) of the Criminal Code of Canada A.S. was on release for drug trafficking and had just been convicted for those offences.  Sean Fagan was not his lawyer at trial.   While A.S. was awaiting sentencing, he was arrested for breaching his bail conditions, specifically, …

Calgary Court – failure to appear charges withdrawn

Prosecution: Calgary Court Failure to Appear in Court Result: Criminal Charges withdrawn Regina v. K.D. – January 2019 Lawyer: Sean Fagan Charge: 145(5) of the Criminal Code of Canada K.D. faced a charge of failure to appear in Court.  A ‘failure to appear’ charge is a criminal charge like any other, and a conviction for this offence will most often result …

Calgary Drive by stabbing – Not guilty verdict

Prosecution: Aggravated assault (stabbing) Result: Not Guilty Regina v. B.N Lawyer: Sean Fagan Charge: 268 of the Criminal Code of Canada B.N. was charged with aggravated assault from a serious stabbing allegation. In the late night, early morning hours, two young men, including the victim, were driving home following a party in Northeast Calgary. When they got home, they parked …

Breach of Cell phone condition

Prosecution: Breach of bail condition Result: charges stayed Regina v. A.S. Lawyer: Sean Fagan Charge: 145(3) of the Criminal Code of Canada A.S.  was on release for drug trafficking offences and subject to a multitude of conditions, including a condition not to possess a cell phone.  This is a typical condition for people charged with drug trafficking offences because the police and …