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Rex v. A.M. (2024)

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Charges of Uttering Threats to Cause Death, Failure to Comply (x3); Client found Not Guilty following a 4-day trial, Ontario Court of Justice. The client was charged with making death threats against his former wife by allegedly gesturing a throat cutting motion on his neck to her during a child access exchange, as well as breaching his release conditions by communicating with her in this manner. Both he and the wife were going through an acrimonious divorce involving over a dozen false allegations made by the wife against him to improve her position in a child custody battle. A.M. retained Michael Bury of Neuberger & Partners LLP, Toronto Criminal Lawyers, to represent him. Working with the client’s family lawyer, Michael Bury gathered extensive information from the family law proceedings which were used at the criminal trial to undermine the wife’s credibility. The wife was cross-examined at length and ultimately agreed that she had made repeated allegations against the client which had not resulted in any charges. She also admitted that this was a high conflict divorce involving the children and other family members. Ultimately, the trial judge found several problems with her evidence following Michael Bury’s cross-examination and submissions which resulted in the decision to find the client not guilty.

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