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, his curfew condition. Given that A.S. was already on release, was awaiting sentence, and had a criminal record for beaching conditions, securing his release was an uphill battle.
A.S. retained a lawyer experienced defending drug charges, Sean Fagan, who was successful at securing A.S.’s release on bail in less than 24 hours. A.S. then retained Sean Fagan to defend his criminal charge of breaching his release conditions.
The Crown was unwilling to resolve the matter without the entry of another criminal conviction. Consequently, Sean Fagan scheduled the matter for trial. Often people plead guilty to breach charges in order to secure their release, or because they believe that they do not have a defence. It is important to speak to a lawyer before doing this, as breach prosecutions are often highly technical in nature, and more often than not, there are defences worth pursuing. Additionally, having a breach of bail or probation conviction on your record, can make securing bail in the future more challenging.
At trial, Sean Fagan was successful at securing a stay of proceedings on all charges.