← More Recent Successes success stories

Found not guilty after three day trial in the Ontario Court of Justice, Newmarket, of Sexual Assault. N.B. and the complainant had been dating for approximately two months prior to the date of the allegation. Over the pandemic the two had not been able to see each other and after having quarantined they decided to have a car date. During the car date the two became intimate however, the complainant alleged after that she felt pressured into sexual activity and pushed. The complainant spoke to police five days later and said that she had been pushed so hard that she vomited during the sexual act and the accused kept pushing her head and continued the sex act. The accused was arrested. Joseph Neuberger was retained as the Criminal Defence Lawyer. Joseph Neuberger obtained the statement of the complainant, had it transcribed and then obtained the entire messaging between the parties from the start of the relationship until after the night of the alleged incident. Assisting Joseph Neuberger was Diana Davison. The statement was broken down into chart form and analyzed. Many aspects seemed odd or implausible especially when viewed in light of the messaging. A section 276/278 motion was brought to make admissible the messaging and to be able to cross-examine the complainant on issues related to how the two communicated boundaries and consent; the evolution of the relationship and credibility. The motion was successful. At trial, extensive cross-examination took place on aspects of the complainant’s evidence that played down the relationship, and the complainant’s interest in N.B. Cross-examination on the messages yielded a rich foundation of inconsistencies and inaccurate or misleading answers by the complainant. In addition, Joseph Neuberger and Diana Davison spent considerable time assisting N.B. in understanding the trial process and about testifying at trial. The result was that the trial judge accepted and believed the evidence of N.B. and rejected parts of the complainant’s evidence as being not credible. N.B. was acquitted of Sexual Assault. * Important to note that where there is messaging between the complainant and the accused, careful attention must be paid to the drafting of the 276/278 motion in order to avoid myth based reasoning and apply the messages to grounded facts in the case yielding important evidence to support the defence narrative.