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Rex v. P.B. (2023)

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Charges of Domestic Assault and Assault with a Weapon, withdrawn prior to setting a trial date. P.B. were in the midst of separating and it was a bitter split. An argument ensured where P.B. called police due to being assaulted by the complainant. Police attended, separated the parties, and P.B. was charged. P.B. retained Joseph Neuberger of Neuberger & Partners LLP to defend him. The police did not take formal statements but did have their body cams on and took three hours of recorded interaction with P.B. and the complainant. Joseph Neuberger obtained the full three hours and transcribed the recordings. Comparison of the recordings demonstrated that the police failed to assess the available evidence properly resulting in an arrest of P.B. when he was not the aggressor. In addition, the complainant immediately used the charges in family court to restrict parenting time with the children and attempt to even exclude his parents from involvement with the children. The argument between the two was something that could have been handled better by both parties. Clearly the relationship was not a healthy one and both had responsibility for not de-escalating but P.B. should not have been charged. After extensive negotiations a common law peace bond was signed, and the charges of Assault and Assault with a Weapon were withdrawn.

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