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Client found not guilty of second-degree murder but guilty of lesser and included offence of Manslaughter. A.A. was accused of searching for his sister’s estranged husband and located him at his aunt’s home. He is then to have surreptitiously watched the house on at least five occasions plotting to catch his sister’s estranged husband at the home. A.A. was accused to have entered the home unannounced and when he could not find the estranged husband of his sister, become embroiled in an argument the aunt. During the course of the argument, A.A. was accused of stabling the aunt multiple times including to the heart and jugular vein and then set the body on fire to conceal the killing. Joseph Neuberger of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained. The Crown evidence was clear on exclusive opportunity as there were multiple CCTV cameras and other digital evidence placing AA at the scene including video obtained from his own cell phone, and GPS from his phone and apple watch. The issue centered around the forensic evidence including the post mortem evidence setting out the sequence and details of the struggle and stabbing in order to establish the elements necessary to prove second degree murder. The defence was able to raise a reasonable doubt as to the sequence and intent of the stabbing leaving the court unable to find that AA intended to kill or was reckless as to causing death. As such, A.A. was found guilty of Manslaughter and not guilty of second degree murder.
Client found not guilty of Second-Degree Murder and Manslaughter after three-week jury trial, Toronto. A.S. was alleged to have assisted in the murder of a rival gang member. Christopher Assie of Neuberger & Partners LLP was retained as the defence lawyer. At trial, through cross-examination, Christopher was able to establish through Crown eyewitnesses, that A.S. was not observed taking any actions in an altercation that broke out with a friend of A.S.. In fact, it was the friend who had caused the death of the other party. Cross-examination undermined the eyewitness testimony and at the close of the Crown’s case, a motion for directed verdict was brought by Christopher Assie. The motion was successful and there was a directed verdict of not guilty on second degree murder and the lesser and included offence of manslaughter. Eyewitness evidence is inherently problematic and there must be careful scrutiny of such evidence to avoid wrong convictions. Fortunately, A.S. was found not guilty.
Charges of Robbery with Violence and Assault were withdrawn at the Ontario Court of Justice, 1000 Finch Avenue West, North York, by way of a common law peace bond. RM went to a massage spa with few of his friends where they met the complainant who was a stranger. It was alleged that an argument ensued after RM and the co-accused learned that the complainant owned trucks. According to the complainant, RM and the co-accused were jealous over his status of being a truck owner. The Complainant further alleged RM and the co-accused followed him to the parking lot when he tried to leave the establishment. The argument allegedly escalated in the parking lot at which time, the complainant took out his cell phone to call 911. The Complainant further alleged that RM and the co-accused took the cell phone away from the Complainant and proceeded to punch and kick him several times. RM and the co-accused were charged with robbery with violence and assault against the Complainant. Yuvika Johri and Joseph A. Neuberger of Neuberger & Partners LLP, Toronto Criminal Lawyers, were retained to represent RM against the charges. An intensive review of the disclosure was conducted with breaking down frame by fame video footage and the statements. The evidence seemed quite absurd. As a result, Joseph Neuberger retained a private investigator to undertake an investigation which revealed considerable helpful defence evidence. An interview of the manager of the spa, confirmed that RM did not participate any altercation. Instead, it was the complainant who tried to engage RM while under the influence of alcohol. Based on the results of the investigation, the defence was able to convince the crown to withdraw all charges against RM.
F.B. was charged with second-degree murder. F.B. hired a lawyer (not Christopher Assié or anyone from Neuberger & Partners LLP) at first. His lawyer applied for bail and it was denied on the basis that the judge agreed with the Crown that it was a “strong case” against him. His lawyer had applied for bail before getting all of the disclosure. After losing the bail hearing, F.B. hired Christopher Assié. The first step was to review the bail judge’s decision and to acquire all of the disclosure. Christopher Assié appealed the bail decision to the Court of Appeal and was successful. The Court of Appeal overturned the decision denying F.B. bail. F.B.’s previous counsel’s tactical error in not waiting for all of the disclosure cost F.B. several additional months in jail before the decision could be overturned.
F.B. was charged with second-degree murder. F.B. got into an argument with the deceased at a party. At the end of the evening, F.B. approached the deceased while the deceased was sitting in a car before leaving the party. They had a heated argument. A third party approached F.B. and the deceased and began to attempt to rob the deceased of his jewellery. Unexpectedly, the third party pulled out a gun and shot the deceased. The police suspected F.B.’s friend was the shooter. Both were charged with second-degree murder. F.B. hired Christopher Assié to represent him. At the preliminary inquiry, Christopher Assié was able to undermine the reliability of the eyewitness evidence and demonstrated to the court that there was no evidence on which a reasonable jury properly instructed could find that F.B. was a party to the offence of murder or any other offence. The judge agreed and F.B. was discharged at the preliminary inquiry and will not have to go to trial.
S.A. was charged with first-degree murder. S.A. hired Christopher Assié as her counsel. In order for an accused to be granted bail while facing a charge of murder, the accused has to make an application before a Superior Court Judge and bears the onus to show why he or she should not be detained in jail while awaiting her trial as there is a presumption that a person accused of murder should not be granted bail. Understandably, many accused wish to move for bail as soon as possible. Christopher Assié understood that the best way to get bail is to be able to point to weaknesses in the Crown’s case. He convinced S.A. to be patient and wait until most of the disclosure was provided in order to review it closely and be in a position to show the judge that the Crown’s case was weaker than they initially believed it to be. By not rushing to do a bail hearing on a serious charge, Christopher Assié was able to present their best arguments in a clear, coherent and compelling manner. S.A. was granted bail on a charge of first-degree murder.
Client charged with Robbery and Possession of Offensive Weapon (X2) for an alleged gang related incident. The client retained John Navarrete of Neuberger & Partners LLP to represent him on these serious charges. Mr. Navarrete put together various immigration documents, birth certificates and other materials, and provided them to the assigned Crown Attorney at Old City Hall. Mr. Navarrete argued that this was a case of mistaken identity and requested that the Crown consider if any reasonable prospect of conviction existed. Mr. Navarrete was able to convince the Crown and all charges against the client were withdrawn.
The client was discharged after a preliminary inquiry of charges of armed robbery, numerous firearm charges and possession of drugs for the purpose of trafficking. The client retained defence lawyer Christopher Assie. The client was co-accused with 6 other accused of having participated in a brazen armed robbery of a convenience store. Several of the other co-accused were charged with having committed other armed robberies. After getting the client bail, the client was free to continue to go to school and work while awaiting his preliminary inquiry. The client was discharged at the preliminary inquiry and did not have to face a trial in the Superior Court.
Client discharged of first degree, second degree murder and manslaughter after a one month preliminary hearing. C.V. was charged with numerous offences along with three other individuals regarding a robbery and shooting at a restaurant in Toronto. C.L. was not the shooter but was alleged to have been sufficiently connected to the shooting of the victim to be tried on first or second degree murder. Defence lawyers Joseph Neuberger and Mariya Protsenko defended C.L. and were able to establish that there was insufficient evidence to establish that C.L. had knowledge that any shooting would occur and that he did not play a substantial role in the death of the victim. As such C.L. was committed to trial only upon armed robbery and related offences but not the murder allegations.
Client charged with robbery after being alleged to have participated in a robbing of a pedestrian with another co-accused. Mr. Navarrete held various discussion with the assigned Crown Attorney in Brampton and provided various pertinent materials for the Crown’s consideration. Client ultimately resolved his matter to a minor charge and was given a conditional discharge. Client also had an outstanding breach charge for communication in relation to a co-accused in another jurisdiction. Mr. Navarrete was also successful in having those charges withdrawn as client entered into a section 810 peace bond for that charge.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
