OFFENCE: multiple thefts, multiple possession of drugs, possession of a firearm, trespass, mischief
DEFENCE LAWYER: Sean Fagan
Regina v. J.W. – April 2018
Charges: Multiple charges contrary to the Controlled Drugs and Substances Act and Criminal Code
The police allege that J.W trespassed, broke into a closed refinery, and stole numerous raw materials and tools. In April 2018, the police received a 911 complaint regarding a suspicious vehicle parked near the entrance of a closed down refinery. When the police arrived, J.W. was seated in a vehicle near the property line of the plant, and there were footprints in the snow leading from the vehicle to the plant’s door.
The police arrested J.W., searched his vehicle, and seized numerous raw materials and tools, which they believed to be from the plant, along with a suspected firearm and suspected controlled substances. J.W. had a lengthy criminal record for similar offences, a record for breaching conditions and failing to appear, and multiple warrants out for his arrest from different jurisdictions. The odds of J.W. being released were remote in the extreme. Sean Fagan was successful at securing J.W.’s release on reasonable conditions in less than 24 hours on a low cash bail. One of the conditions was not to be within a certain distance from the plant where the offences were alleged to have taken place.
Less than a week later, the police were doing surveillance near the plant, as a consequence of J.W.’s recent trespass and other alleged offences. While doing surveillance, the police observed none other than J.W. near the plant, in direct contravention of his bail conditions that were imposed days before. J.W. was arrested for breach of his release conditions.
All of the aforementioned bolded difficulties with securing J.W.’s release the first time were still present. Only this time, Calgary defence lawyer Sean Fagan had the added difficulty of the fact that J.W. just demonstrated his inability to abide by court conditions. Once again, in the face of an extremely unfavourable fact pattern, Sean Fagan was successful at securing J.W.’s release with no additional conditions and a low cash bail.