OFFENCE: Assault

RESULT: Charge Withdrawn

DEFENCE LAWYER: Sean Fagan

Regina v. K.Q. – May 2018

Charges: Sections 266 Criminal Code of Canada – Assault

Everyone has experiences with bad drivers in Calgary. Some brush it off, some flip the bird, and on rare occasions, punches are thrown and a car is run over. In this case, K.Q. was operating a vehicle on Deerfoot Trail, a location that is a magnet for inattentive drivers and prospective racecar drivers alike.

For K.Q.’s, he was merging off of Deerfoot trail, when a very large truck (“hereinafter referred to as the “monster truck driver”) pulled in directly behind K.Q., travelling unsafely close to K.Q.’s rear bumper. K.Q. lightly tapped his brakes a number of times to indicate his displeasure with the distance that the monster truck driver was following, resulting in the monster truck driver laying on his horn. At the next intersection, K.Q. is alleged to have gotten out of his vehicle, approached the driver’s side door of the monster truck, climbed up onto the side of the monster truck and repeatedly punched the driver numerous times in the face. Given the busy nature of Deerfoot trail, there was a multitude of independent witnesses.

After the interaction at the window of the monster truck, the driver dumped the clutch and accelerated into K.Q.’s car, smashing it and pushing it nearly a city block. Thereafter, it is alleged that K.Q. got into a friend’s vehicle and left the scene, leaving the damaged vehicle behind.

When the police arrived, they heard the monster truck driver’s version of events first. Consequently, K.Q. was charged and ultimately arrested for assault. K.Q. retained the services of Sean Fagan to defend him against this most serious prosecution. On the day of trial, Sean Fagan was successful at convincing the Crown that there was no reasonable likelihood of conviction and the charge before the Court was withdrawn.