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Regina v. B.M. (2022)

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B.M. was charged with one count of Domestic Assault out of Old City Hall courthouse, Toronto. B.M. and his girlfriend met each out online and both were students at the University of Toronto. After the two started living together, regular arguments began. B.M. decided to move out but didn’t tell his girlfriend. Once she found out, B.M. and his girlfriend began fighting. B.M. called 911 and police arrived. Police officers took statements from both B.M. and his girlfriend and decided to arrest both for Assault. However, while at the police station, the girlfriend provided a more detailed statement and police officers decided not to proceed with the charge against her. B.M. retained Joseph Neuberger and Mariya Protsenko to represent as his criminal defence lawyers Toronto. Joseph and Mariya obtained disclosure. They organized it and analyzed it. The statement B.M.’s girlfriend provided at the police station contained some information that could have potentially resulted in an additional charge of Sexual Assault. Furthermore, the University of Toronto investigation officers conducted an investigation and included a Sex Assault allegation in their report. Joseph and Mariya conducted a number of pre-trials with the Crown Attorney very careful in order to make sure additional charges were not laid. After the defence investigation and interview of a number of key defence witnesses, detailed discussions about the evidence resulted in the Crown deciding to withdraw all charges. B.M. entered into a common law peace bond and the charge of Assault was withdrawn.

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