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Regina v. Y.S.Y. (2020)

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Charges of Sexual Assault x 2, Domestic Assault x 2, and Mischief, withdrawn prior to the commencement of trial. Y.S.Y, and the complainant were dating while attending U of T. At some point the relationship deteriorated and the two ended their relationship. When Y.S.Y. started dating another lady, Y.S.Y. had a number of encounters with Y.S.Y. during which she was highly aggressive. After the final encounter, Y.S.Y. complained to university security of sexual assault and assault allegations. The police were called and Y.S.Y. was charged. The university commenced an internal investigation into the allegations and if found to be true on a balance of probabilities, Y.S.Y. would have been expelled. Joseph Neuberger, and Mariya Protsenko were retained as Y.S.Y.’ s criminal defence lawyers. Immediately after reviewing the statement of the complainant, and extensive interview with the client, Joseph Neuberger hired a private investigator to interview six witnesses to the alleged assaults. Each statement was supportive of the defence position. In fact, the complainant’s own statement to police notes that the complainant went up to Y.S.Y. and struck him first and Y.S.Y. protected himself. However, for some reason the police still charged with a count of assault. All defence witness statements were provided to the Crown. In addition, Joseph Neuberger, represented Mr. Y.S.Y., in the university investigation. The client was interviewed in the presence of Joseph Neuberger, all defence interviews were turned over to the university investigator and the defence had opportunity to put evidence before the university investigation including a defence analysis of the evidence of the complainant. Eventually, the university investigation concluded that the complainant lacked credibility even on a balance of probabilities and noted that she had admitted to assaulting Mr. Y.S.Y. As such, Y.S.Y. succeeded in the university investigation. Defence lawyer Joseph Neuberger then filed extensive writing materials with the Crown to address the lack of any reasonable prospect of conviction in the criminal case. In addition, a further judicial pre-trial was conducted and based upon principled discussions, the Crown agreed to withdraw all charges. ** It is important as a take-away from this case that for those students charged with domestic or sexual allegations with a fellow student and a university investigation is commenced, it is vital to be able to have proper legal advise and representation as the process is not the same as the criminal process and can also have life altering consequences if not properly handled.

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