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 directly in front of the house along a major through-road, when suddenly two vehicles stopped abruptly on the road, directly beside them.
What occurred, happened fast. Multiple people exited the two vehicles and surrounded the victim’s vehicle. One assailant slammed a baseball bat into the vehicle and smashed the windows. Another assailant repeatedly stabbed the driver of the vehicle who attempted to defend himself by putting his hands in front of his face. The entire assault lasted mere seconds. The driver of the vehicle suffered serious injuries as a consequence of the stabbing.
The victim managed to get a partial description of the assailants, and vehicles as they left the scene, along with a partial license plate number. Additionally, the victim’s friend happened to be driving ahead of him in the neighbourhood, and happened to capture the two assailant vehicles on a dash cam.
Later that evening, a concerned citizen was awoken by young men yelling on her street corner. The concerned citizen looked out her window and observed a young man stab a knife into the ground to clean it, and then dispose of it down a sewer drain. She contacted 911.
Minutes later, members of the Calgary Police Service intercepted the vehicles, and executed a high risk traffic stop on a vehicle driven by B.N. Police arrested all occupants of the vehicle, and seized the vehicle. The vehicle, along with one occupant of the vehicle was covered in blood splatter; the DNA matched the victim.
B.N. was alleged to have been the driver of the vehicle at the time of the stabbing, and consequently, would have aided and abetted the assailants. A person who aids, or abets, another in a criminal act is effectively in the same position as the person who actually did the stabbing. Consequently, all the police had to do was prove that B.N. was the driver.
B.N. retained the legal services of Sean Fagan. The matter proceeded to trial, and Sean Fagan was successful at raising a reasonable doubt through cross-examination of the Crown witnesses. Ultimately, after a lengthy trial, the Justice returned a verdict of not guilty.