Sections 334(a)of the Criminal Code of Canada – Possession of Stolen Property over $5000.00
Section 145(3) x 9 of the Criminal Code of Canada – Breach of Release conditions
H.T. was released on bail on charges of break and enter and drug trafficking. One of H.T.’s many bail conditions was for him to be at his residence 24 hours a day, 7 days a week. The Calgary Police Service (“CPS”) frequently attends the residence of individuals like H.T. to do “curfew checks” and ensure that accused people are abiding by their conditions of release.
When the CPS members did a curfew check on H.T. on this particular occasion, they observed H.T. unloading property from a trailer that was located in his driveway. The police also observed a multitude of swords and knives located inside the garage. Additionally, the CPS members ran the license plate on the trailer and discovered that it was reported stolen. H.T. was arrested for possession of stolen property and searched incident to the arrest; the CPS members discovered drugs. H.T. was charged with possession of stolen property with a value over $5000.00 and a multitude of charges relating to the breach of his bail conditions for being in possession of weapons and drugs.
At trial, defence counsel Sean Fagan did not ask a single question of any of the witnesses. Many defence counsel feel that they must ask questions of the witnesses, perhaps to justify their existence. However, often questioning a witness can only harm the defence’s case. A good lawyer must know when they are faced with this situation.
During the final argument in the trial, it came to light that there was a serious issue with respect to disclosure of critical evidence. The matter was stood down, and after Calgary defence lawyer Sean Fagan had discussions with the assigned Crown prosecutor, a stay of proceedings was entered on all charges.