R v K.J.J., 2011 ABQB 761

Court of Queen ’ s Bench of Alberta Citation: R v K.J.J., 2011 ABQB 761 Date: 20111205 Docket: 110960317U1 Registry: Edmonton Between: Her Majesty the Queen Crown - and - K.J.J. Accused _______________________________________________________ Reasons for Judgment of the Honourable Mr. Justice Donald Lee _______________________________________________________ [ 1 ] The Accused applies for Judicial Interim Release based on a material change in circumstance - namely that other charges that were before the Provincial Court when this matter was denied on the primary and secondary grounds have now been resolved.

The Accused has been in custody since July 28, 2011, and he has now produced for the Court after some additional delay through his counsel written confirmation that he will have a job with a roofing company in Cold Lake, and a place to stay if he were to be released. The employer is also willing to put up a $500 cash bail for the Accused according to a faxed note that he wrote that was provided to the Court on November 28, 2011. [ 2 ] The Crown continues to oppose the Accused ’ s release based on his lengthy criminal record which includes several recent convictions for assault.

[ 3 ] The Accused is 38 years of age, but has a criminal record dating back over 19 years. [ 4 ] With respect to the current outstanding criminal matters still before the Court, it is alleged that the Accused assaulted his form common-law partner by throwing her to the ground and punching her several times in the face causing a bleeding lip, swollen cheeks, and a swollen nose during an evening of drinking.

The Accused was convicted earlier this year of a spousal type assault against the same Complainant for which he was sentenced to four months imprisonment. [ 5 ] Notwithstanding the resolution of other criminal charges that were in existence when bail was denied in Provincial Court on July 18, 2011, which is troubling given that the Accused ’ s lengthy criminal record contains so many recent assaults. [ 6 ] I also note that the November 28, 2011 confirmation letter confirming employment, residence, and posting of bail money is somewhat incomplete and sparse in details. [ 7 ] I conclude that the Accused ’ s criminal record, notwithstanding the recent change in circumstance and the recent confirmation letter, still require me to detain the Accused on the secondary grounds.

Heard on the 21 st day of November, 2011. Dated at the City of Edmonton, Alberta this 5 th day of December, 2011. Donald Lee J.C.Q.B.A. Appearances: Jason Track Crown Prosecutor ’ s Office for the Crown Mac Walker for the Accused