Regina v. W.S. [Calgary Provincial Court, April 2013/ May 2013]

W.S. was on bail conditions relative to allegations of possession of marijuana for the purpose of trafficking out of Newfoundland. While on release, W.S. acquired with two additional sets drug charges in Alberta. The allegations with respect to the first Alberta drug matter were that W.S. was driving a motor vehicle that was pulled over by the police. The police stated that they could smell fresh marijuana emanating from the trunk of the vehicle and conducted a search which yielded more than a kilogram of marijuana. W.S. was charged with possession of marijuana for the purpose of trafficking and two counts of breaching his conditions. Ms. Fagan was successful in securing his release on bail. Within 2 days of his release, W.S. was again apprehended by the police in similar circumstances. The police attended at the scene of a motor vehicle accident involving W.S. and seized 1.4 kilograms of marijuana and hash valued at $20,000. W.S. was again charged with possession for the purpose of trafficking and two counts of breach of conditions. Ms. Fagan again successfully secured his release on bail. The Crown offered to resolve all W.S.’s matters globally for 3 years incarceration. At the end of the day, Ms. Fagan was successful in resolving all of W.S.’s matters by way of guilty pleas to two counts of simple possession of marijuana and a fine. The much more serious charges of possession for the purpose of trafficking and the four breaches were completely withdrawn.