Citation: R. v. Paul Date: 20120628 2012 BCPC 0392 File No: 59765-1 Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. PRESTON LEONARD SONNY PAUL ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE K. W. BALL Counsel for the Crown: B. Fell Counsel for the Defendant: G. Gill Place of Hearing: Chilliwack , B.C. Date of Hearing: June 28, 2012 Date of Judgment: June 28, 2012

[ 1 ] THE COURT : Mr. Paul has today been committed for a court trial following a preliminary inquiry where a single witness was called on a charge of sexual assault of that witness. Among other things in evidence in that trial were reports indicating that the DNA of Mr. Paul was found on the person of that complainant after the events complained of. So in that sense the Crown's case has some strength. [ 2 ] Mr. Paul was the subject of a detention order prior to the preliminary inquiry, and defence counsel is asking now that I release him. The

section relied upon is s. 523(2) of the Criminal Code and that

section effectively says that where he has been committed for trial the Court may on cause being shown vacate an order previously made under that part. [ 3 ] In this case, and I have made reference already to the case that the accused is facing, but his criminal record which is a long criminal record is such that there are a series of offences throughout the last year, a series of breaches, as well as other substantive offences including assault, theft, uttering threats, breach of probation, and breach of undertaking, all of which resulted in jail sentences. [ 4 ] Counsel says that this man has the ability to control his behaviour, but there is simply no evidence to support that submission and his criminal record is evidence that he has been unable to control his behaviour. [ 5 ] In all the circumstances, I am satisfied that cause has not been shown for me to vacate the existing detention order and I do not do so.

The existing order stands. (ORAL REASONS FOR JUDGMENT CONCLUDED)