R v. RSS [Court of Justice, Calgary – May 2023]

SUMMARY: For some reason RAS was located by the Calgary Police Service (“CPS”) pounding on the door of a residence entirely unknown to him while exceedingly drunk. Not surprisingly, the CPS took RAS into custody and during that process searched his person. That search revealed the presence of a relatively large quantity of cocaine. As a consequence, RAS was charged with the following offences:

• Possession of cocaine for the purpose of trafficking
• Wilful damage (occasioned to the door on which he had been pounding)
• 2 counts of breach of an existing bail order

BOTTOM LINE: Patrick Fagan was successful in having the cocaine trafficking charge (in relation to which the Crown was seeking a 3 year term of imprisonment) completely withdrawn in exchange for a plea of guilty to the wilful damage charge and 6 months probation.