17. Regina v. H.S.K. [Provincial Court of Alberta, Calgary – November 2016]

Police received an anonymous tip relative to the importation and sale of heroin and cocaine into Canada.  Consequently, the police engaged in a lengthy investigation which culminated in HSK’s arrest and corresponding search of the motor vehicle he was driving at the time.  A search of that vehicle revealed the presence of several thousand dollars worth of heroin separated into multiple packages.

The police also executed a drug warrant on HSK’s residence where they seized various quantities of cocaine, marijuana, heroin, cash, scales, score sheet and packaging.

As a consequence of the foregoing HSK was charged with 9 separate offences including the following:

1. 2 counts of possession of heroin for the purpose of trafficking.
2. Possession of cocaine for the purpose of trafficking.
3. Possession of marijuana for the purpose of trafficking.
4. Possession of methamphetamine for the purpose of trafficking.
5. Possess proceeds of crime.

BOTTOM LINE: As a consequence of protracted negotiation with the Crown concerning the constitutional shortcomings germane to the seizures aforesaid the entire matter was resolved by way of a guilty plea to simple possession of heroin contrary to section 4(1) of the Controlled Drugs and Substances Act and a $2,500.00 fine.  All other charges were completely withdrawn.  Patrick Fagan was also successful in securing the return of HSK’s Mercedes Benz AMG.