R v. NHH [Court of King’s Bench of Alberta, Calgary – March 2023]

SUMMARY: NHH was stopped by a uniformed member of the Calgary Police Service as a consequence of suspicious activity. Subsequent to a roadside Q&A, NHH was taken into custody and placed in the rear of a patrol car. A roadside search of NHH’s vehicle revealed the presence of a relatively large quantity of crack cocaine, fentanyl and heroin. There was also a small quantity of cannabis marijuana that NHH unwisely revealed to the police when he was pulled over — hence the arrest, search and subsequent seizures.

As a consequence of the foregoing NHH was charged with possession for the purpose of trafficking in crack cocaine, fentanyl and heroin. He was also charged with “simple” possession of cannabis, possessing proceeds of crime (cash) and breach of an existing bail order. As the Crown was seeking a lengthy period of imprisonment (particularly in relation to the fentanyl) NHH retained Patrick Fagan to defend this most serious prosecution.

BOTTOM LINE: After Patrick Fagan’s cross-examination of the primary investigating officer on Day 2 of a 1 week trial, the Crown Prosecutor withdrew all charges.