AAK was alleged to have propositioned a prostitute for oral sex. The agreed upon price for the service was $10.00 (yes . . . $10.00). Well, according to the prostitute, AAK wanted more than they’d bargained for and she wasn’t about to give it all up for $10.00. The police were called to the scene where the complainant refused to cooperate with the police. The police charged him with sexual assault regardless. Bottom Line: To the surprise of no-one, the …
Regina v. W.T. [Provincial Court, Calgary, February 2014]
W.T. was charged with production of marijuana, possession of proceeds of crime and possession of cocaine. The police entered his home while he was present and allegedly found a grow operation, several hundred dollars cash and a small amount of cocaine. Despite the very serious nature of the charges, Ms. Fagan succeeded in securing an absolute discharge and avoiding the entry of a criminal record.
Regina v. K.C. [Provincial Court, Calgary, February 2014]
K.C. was charged with attempted murder. The police alleged that he attended at the residence of another man and shot him in the stomach using a shot gun. Despite the fact that “attempted murder” is one of the most difficult charges a person may face in obtaining bail, Ms. Fagan successfully secured the release of her client on reasonable terms.
Regina v. K.R. [Court of Queen’s Bench, Calgary, February 2014]
K.R. was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime. He was arrested in his home where over 60 grams of cocaine and approximately $30,000.00 were allegedly located pursuant to a search warrant. Ms. Fagan (facing two experienced Crown Prosecutors) secured verdicts of “not guilty” on both charges at the conclusion of a complex 5 day Queen’s Bench trial.
Regina v. D.S.N. [Provincial Court – January 2014]
DSN was a professional musician with business interests north and south of the border. At the end of a “gig” one night he accepted an invitation to be photographed along with the alcohol fueled party attendants. DSN posed for a group photograph, gathered up his musical equipments and called it a night. Three days later a woman standing behind DSN in the group photograph accused him of reaching back and stroking her vagina. When approached by the police DSN (who …
1. Regina v. S.T.W. [Provincial Court of Alberta, Calgary – March 2013]
Client charged with impaired driving and over .08. The police found S.T.W. parked in the middle of the road at a major intersection. When the police approached the vehicle it began to jerk slowly forward but eventually came to a stop. The police had reason to suspect that STW had consumed alcohol so they demanded a sample of her breath for roadside analysis. A sample was provided with the result of “fail”. STW was escorted to the police station where …
1. Regina v. X.L.M. [Provincial Court of Alberta, Calgary – January 2013]
The police received a tip from a concerned citizen regarding a suspected residential marijuana grow operation. The police conducted surveillance on the home where they observed a male (allegedly XLM) leave the home and place a bag into a garbage can in the back alley. The police retrieved the garbage bag and found therein numerous items consistent with a marijuana grow operation. Two days later the police obtained a warrant to search the home; that search yielded a multitude of …
Suspect acquitted: Scientific evidence bolsters defence
Science won out over sensory perception yesterday when a Calgary jury acquitted a robbery suspect. Four eyewitnesses linked RMM to the scene of the crime, but DNA evidence said he wasn't there. RMM was charged with the Dec. 7, 1996, armed robbery of Vladimir Gaca. Gaca testified that a fare put a handgun to his head and demanded cash. During an ensuing struggle, Gaca was pistol-whipped and was cut, before wresting the gun from his attacker and striking back. Gaca ...
2. Regina v. J.L.L. [Provincial Court of Alberta, Cochrane – March 2013]
JLL charged with impaired driving and failing to provide samples of his breath into the intoxilyzer. Police responded to a citizen’s complaint of an impaired driver who was swerving on the highway and driving into the ditch. The police located a suspect vehicle driven by JLL. According to the police he smelled of alcohol and was wobbly and unsteady on his feet. He was arrested for impaired driving and escorted to the RCMP detachment where he refused to provide samples …
2. Regina v. A.A.A. [Provincial Court of British Columbia, Cranbrook – January 2013]
Client was operating a motor vehicle when he was pulled over by the police for an alleged minor traffic violation. During the course of AAA’s dealings with the police at roadside the investigating officer took it upon himself to search the contents of a picnic cooler that was lying in the back seat. To the delight of the police that search disclosed the presence of approximately 8 pounds of BC “bud”. Consequently, the police charged AAA with possession of marijuana …
Rash of fraud charges laid
Mounties have laid 47 fraud-and theft-related charges against a local financial consultant accused of bilking investors out of more than $300,000. Police said that between Oct. 31 and Aug. 16 , the man who worked for Investors Group, forged portfolio statements and misappropriated $335,000 from eight victims. "One of the allegations is (the accused) requested a client write him a personal cheque, which is against Investors Group procedure," said Wayne Alford, director of enforcement for the Alberta Securities Commission which ...
3. Regina v. A.B.D. [Provincial Court of Alberta, Cochrane – April 2013]
Charged with impaired driving and over .08. ABD drove through a check stop where the police suspected that she had alcohol in her body so they demanded a sample of her breath for roadside analysis – result: “fail”. ABD was escorted onto the bus where she provided two samples of her breath with readings in excess of twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: The primary investigating officer committed multiple errors …
3. Regina v. H.M.V. [Provincial Court of Alberta, Ponoka – February 2013]
Police obtained and executed a warrant to search residential premises where they seized approximately $3,500.00 worth of marijuana, a small quantity of cocaine, scales and other drug paraphernalia. HMV arrived home at the time of the search and a search of HMV’s person revealed the presence of a couple of “joints” and a “grinder”. HMV was charged with possession of marijuana for the purpose of trafficking and possession of cocaine. After awaiting receipt of full disclosure for 5 months (and …
Fraud artist gets house arrest
A former Calgary financial consultant will not have to go to jail after admitting he bilked eight of his clients out of $280,579. Provincial court Judge Frank Maloney handed the accused a conditional sentence of two years less a day on Monday on one count each of fraud and uttering a forged document. Maloney imposed the sentence after hearing arguments from defence lawyer Patrick Fagan and Crown prosecutor Jane McLellan. The accused, 45, originally facing 47 charges involving 17 clients, …
4. Regina v. A.C.N. [Provincial Court of Alberta, Calgary – April 2013]
Charge of refusing to provide a roadside sample. The police were sitting in the parking lot of a bar when they observed ACN back out of a parking spot. The police stopped ACN, formed the suspicion that he had alcohol in his body and demanded a sample of his breath for roadside analysis – the result was a “fail”. ACN was escorted to the police station where he refused to provide samples of his breath into the intoxilyzer. Patrick Fagan …
4. Regina v. M.S.R.[Provincial Court of Alberta, Calgary – February 2013]
As a result of information provided by a so-called reliable confidential informant the police conducted an investigation into the alleged drug trafficking activity of MSR and others. Extensive police surveillance culminated in the execution of three separate warrants to search. The police seized a substantial quantity of cocaine (approximately 1 pound), several thousand dollars in cash and multiple weapons including a sawed off shotgun and a sub-machine gun. MSR was charged with 19 separate counts including possession of cocaine for …
Financial adviser’s sentencing delayed
Sentencing arguments have been delayed until Oct. 14 for a Calgary financial consultant who bilked at least 17 investors of more than $335,000. Provincial court Judge Frank Maloney agreed with a joint application by Crown prosecutor Jane McLennan and defence lawyer Patrick Fagan to adjourn the case in order to have a pre-sentence report completed. The accused, 45 — originally charged with 47 counts of fraud, theft and uttering forged documents — pleaded guilty earlier this year to one count …
5. Regina v. M.A.N. [Provincial Court of Alberta, Calgary– May 2013]
Charged with impaired driving and over .08. According to several civilian witnesses MAN was driving her vehicle close to the shoulder of the road and collided with a parked vehicle. The police (suspecting that MAN had alcohol in her body) demanded a sample of her breath for roadside analysis – the result was a “fail”. MAN was taken to the police station where she provided two samples of her breath with results above the legal limit. Patrick Fagan entered pleas …
5. Regina v. S.M.R. [Provincial Court of Alberta, Calgary – February 2013]
SMR was driving home after attending a family function in downtown Calgary when she inadvertently turned the wrong way onto a one way street. As chance would have it the police observed this maneuver and promptly activated their emergency lights and pulled SMR to the side of the road. In keeping with SMR’s good luck streak when the police ran her name on the system they discovered an outstanding warrant for her arrest in connection with some b.s. bylaw infraction. …
Financial consultant makes court appearance
A Calgary financial consultant who has been charged with bilking investors out of more than $335,000 made a brief appearance in court on Friday. Commercial crime investigators with the Calgary RCMP allege the accused, 44, misappropriated cash and forged numerous portfolio statements within a one-year period. The accused faces 47 charges of fraud and theft under the Criminal Code. At least 17 people are alleged to have been scammed. An agent for defence lawyer Patrick Fagan asked a provincial court …