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Charge of Domestic Assault withdrawn prior to setting trial, Toronto.  The client was charged with domestic assault alleged by his former girlfriend.  The client retained Grace Condello of Neuberger & Partners LLP, Toronto Criminal Lawyers.  The client had broken up with his girlfriend.  She attended his condo however he refused to open the door to let her in.  The complainant called 911 and stated that S.S. slapped her.  Officers attended and spoke with the complainant in the lobby.  Officers advised the complainant that they would be arresting and charging SS and immediately told officers she lied.  The complainant told officers that she did not know he would be charged when she called 911 as she thought officers would just speak with S.S.  The complainant said to officers “I made up this whole thing”.   The complainant said that she was upset because she “wanted to meet his parents” and they got into an argument when the client told her that they need to take a break. Ms. Condello provided the Crown with messages that the complainant had been sending to S.S. and was able to show the Crown that this was not a case of a recanting complainant, but a false allegation.  The Crown agreed to withdraw the charge. * Important reminder that the police fail to exercise discretion even when the complainant immediately retracts the complaint.