Prosecution: Breach of curfew bail condition
Result: Not Guilty (Charges dismissed)
Regina v. K.D.
Lawyer: Sean Fagan
Charge: 145(3) of the Criminal Code of Canada
K.D. was on bail for drug trafficking charges, and was subject to a curfew – a common condition for charges of this nature. The Calgary Police Service (“Serious habitual offender program”), or commonly referred to as SHOP COPS, are tasked with following up on offenders that are subject to bail conditions to ensure that they are abiding. Part and parcel to those duties are to do curfew checks.
One evening, members of the Calgary Police Service SHOP unit arrived at K.D.’s home to ensure that he was abiding by his curfew. The police knocked at the door, a woman answered, and she indicated that K.D. was not home. Consequently, the Calgary Police Service laid a criminal charge of breaching bail conditions.
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 experienced in successfully defending breach charges, prior to entering a plea. 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 much more challenging.
K.D. retained a lawyer experienced defending breach charges, Sean Fagan. Sean Fagan has successfully defended a multitude of breach prosecutions, most of which, appeared at face value, not to have any merit to their defence.
This case was no different. The police did a curfew check; K.D. didn’t answer the door. Tough Case.
However, Sean Fagan identified a technical weakness in the Crown’s case, that could only be pursued by scheduling the matter for trial. Some defence lawyers will notify the Crown of all deficiencies in their case, which more often than not, just results in the Crown fixing those aspects of its case. It is important to find a lawyer that can not only identify issues with the Crown’s case, but knows how to use them.
In this case, a not guilty plea was entered and the matter was scheduled for trial. The trial proceeded, and Sean Fagan successfully cross-examined the police officers and effectively dismantled the Crown’s case.
Ultimately, the Judge ordered that the charges before the Court be dismissed.