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Charge of Domestic Assault Causing Bodily Harm withdrawn in the Ontario Court of Justice. R.J. and his wife were married for over 35 years. The relationship had deteriorated and R.J. was the caregiver for his wife who suffered from a very serious diabetic problem. The wife fell due to a drop in her blood sugar and R.J. called 911. The wife was admitted to hospital and while in hospital called police and alleged that R.J. punched her in the face causing the injuries. R.J. was arrested. The police DID NOT obtain the paramedics notes, or the hospital records. Joseph Neuberger was retained as the criminal defence lawyer. Joseph Neuberger had a detailed meeting with the client and found out that in fact over a two year period R.J. had called police and ambulance on over 50 occasions including due to aggressive behavior of his wife. Joseph Neuberger sought disclosure of all of the 911 calls, brought an application to obtain the medical records and interviewed family members. All of the defence gathered evidence was provided to the Crown during a pre-trial. The medical records confirmed R.J.’s evidence that the complainant was hypoglycemic and had fallen. The injury was related to the fall and not a punch. The 911 calls also demonstrated a pattern of aggressive behavior of the complainant and multiple urgent medical issues. Further, the complainant contacted R.J. 32 times after charging him. Joseph Neuberger instructed R.J. to not answer but keep the voicemail messages. They were turned over as well to the assigned Crown. Oddly the assigned Crown did not want to withdraw even in the face of convincing evidence that R.J. was innocent. Joseph Neuberger scheduled a judicial pre-trial, filed a pre-trial memo and attached the evidence. After the judicial pre-trial the charge was formally withdrawn.