A marked increase in crimes of violence has given rise to tougher laws, increased vigilance by the police and stiffer sentences by the courts. These cases often involve the media and evoke powerful emotional responses. The result is pressure from a misinformed public to convict and imprison. Many offences that previously resulted in a fine or probation now attract jail sentences, for which the law often imposes a mandatory minimum period measured in years.

The moments following acts of violence guide the prosecution. Unfortunately, who calls the police first often dictates who is named as the assailant and who is considered the victim – the police often lay charges and let the court system “sort it out”.

The successful defence of these charges often involves challenging the credibility and reliability of witnesses through effective cross-examination. Occasionally, an accused’s, statement (even brief oral statement to the police upon arrest) can unintentionally destroy the only defences he/she had, which may necessitate an application to exclude the statement from the trial. These dynamics are why it is important to get immediate legal advice.

Sean Fagan has successfully defended these cases, involving assault and violent offences in Alberta, Saskatchewan, and Nunavut.