Accident not Assault causing bodily harm

OFFENCE: Assault causing bodily harm RESULT: Not guilty DEFENCE LAWYER: Sean Fagan Regina v. D.R. – May 2018 Charges: Sections  267(b) Criminal Code of Canada – Assault with Weapon R.D. and his girlfriend were cleaning the house, having some drinks, and enjoying the first good day of weather that they had in a long time.  A few drinks became a few too many, …

911 Call – Guns

OFFENCE: Gun and Weapons offences RESULT: All Charges Withdrawn DEFENCE LAWYER: Sean Fagan Regina v. J.B. – March 2018 Charges: Sections  91(1) and 86(1) of the Criminal Code of Canada Police respond to 911 call and Seize Multiple Firearms The police responded to a 911 hang-up at a residence just outside of Calgary, AB.  When the police arrived, they discovered ammunition scattered …

Regina v. S.P. [ Sept 2017] – Assault

Section 266 of the Criminal Code of Canada – Assault S.P. was involved in a dispute with a co-owner of a business they operated together. There was significant disagreement over the distribution of assets in the business, which they both agreed should be dissolved. The disagreement turned to physical violence when S.P. attempted to remove property from the business, which …

Regina v. C.D.L. [Provincial Court of Alberta, Calgary – May 2017]

C.D.L. was alleged to have choked a friend of his to unconsciousness after a verbal dispute. Consequently, C.D.L. was charged with a multitude of violent offences. The Court takes choking cases very seriously, and a typical sentence usually includes a period of incarceration. The fact that this case involved choking to unconsciousness made incarceration very likely. The Crown was unwilling …

Regina v. J.R.N. [Provincial Court of Alberta, Calgary – April 2017]

J.R.N. was alleged to have beaten his son with a baseball bat and threatened to assault his son’s friend. When the police arrive, J.R.N. attempted to explain to the police his version of events. The police, as is often the case, left it for the Court system to sort out. J.R.N. was arrested and charged with assault with a weapon, …

Regina v. R.A.K. [Provincial Court of Alberta, Calgary – April 2017] – Simple assault

Section 266 of the Criminal Code of Canada – Assault R.A.K. was charged with simple assault stemming from a domestic situation. As is often the case in cases of this nature, when tempers are raised, the complaints to the police were less than truthful. Unlike American television, in Canada only the Crown may decide to halt a prosecution; the complainant has …

Regina v. K.T.H. [Provincial Court of Alberta, Calgary – October 2016]

Section 430 of the Criminal Code of Canada – Mischief to Property K.T.H., a middle-aged lady, had recently ended a relationship with a long-term boyfriend. As is often the case, the separation was less than amicable. There was a verbal dispute over the division of property, among other confrontations. K.T.H. was alleged to have gone to her ex-boyfriend’s workplace and …

Regina v. G.F.A. [Provincial Court of Alberta, Calgary – November 2016] – Assault

Section 266 of the Criminal Code of Canada – Assault G.F.A. was charged with assault stemming from a domestic situation with his estranged wife. G.F.A’s estranged wife claimed that he assaulted her after a dispute over the distribution of property. As is often the case in domestic disputes, the first person to call the police is treated as the victim, …

Regina v. C.R.S. [ March 2017] – Assault with a Weapon

Section 267(a) of the Criminal Code of Canada – Assault with a Weapon The police received a 911 emergency call wherein the caller claimed that a machete fight was occurring in a backyard.  The police responded and upon arrival, the assailant was nowhere to be found.  C.R.S. was charged with assault with a weapon and uttering threats and a warrant was issued for his …

Regina v. A.Z. [October 2016] – Road rage

Section 267 of the Criminal Code of Canada – Assault causing bodily harm – Road rage A.Z., an elderly gentleman, and his son were driving downtown Calgary on their way to work when they attempted to turn right at an intersection.  A.Z. was a professional driver and acted with caution as he signalled and slowly turned right.  As their vehicle was …