A.P. was convicted of dangerous driving for a pattern of adverse driving behaviour between downtown Calgary, and Deerfoot trail south. Sean Fagan was not counsel at trial. A.P. was sentenced to a conditional discharge – a period of probation which, if complied with, would lead to no criminal conviction being entered on A.P’s record. A conditional discharge is typically not granted for a crime of this nature. The Crown believed the sentence was unfit as the Crown initially asked for a period of jail time. The Crown appealed the sentence and Sean Fagan was counsel for A.P. at appeal. Sean Fagan was successful at opposing the Crown’s appeal and upholding the sentence imposed by the trial judge.