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R. v. D.J. (2024)

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Client found not guilty of sexual assault after a 5-day trial at the Superior Court of Justice, Barrie. The Complainant stated that she was visiting a family campground where her and her family have multiple long-term trailers. She stated that she attended a party one night where everyone was consuming alcohol. As the night progressed, she became visibly intoxicated. She alleged that she had consumed almost ten beers, five vodka shots, and smoked 7 grams of marijuana through out the day and night. She later stated that she left with her sister to go back to her trailer to sleep. However, she allegedly consumed sleeping pills, anti-depressants, and anti-anxiety medication before sleeping. She claimed that the combination of all the intoxicants in her system left her incapacitated. However, while sleeping during the night, she claimed that she heard a male’s voice saying, “What would people say?” She alleged that she remembered being sexually assaulted by someone. It was only next morning when she woke up that she saw her uncle, D.J., in bed next to her. She claimed that she had no memory of what had occurred but believed that D.J. sexually assaulted her. Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend him on the charge. Yuvika Johri cross examined the complainant for two days and was able to establish significant inconsistency from the statement of the complainant to the police with her in-court testimony. The Complainant also added several details to her in court testimony that were missing from her police statement. The Complainant’s mother testified in court and denied ever having asked D.J. for money for Complainant’s therapy. Yuvika Johri was able to impeach her testimony with messages which showed that she had indeed asked D.J. to pay for the Complainant’s therapy much in advance of D.J. getting arrested and threatened him with bodily harm. Yuvika Johri also cross examined the Complainant’s sister and established discrepancy between her statement and testimony in court. After a five-day trial, D.J. was found not guilty of sexual assault as there were concerns that the Complainant’s evidence may have been a product of her conversations with others.

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