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Regina v. J.T. (2020)

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Charges of Sexual Assault x 2 and Sexual Interference x 2 withdrawn prior to trial, Ontario Court of Justice Scarborough.   J.T. was charged with allegedly sexually assaulting his daughter on at least two occasions when J.T. was intoxicated.  The allegations were only disclosed two years after they were supposed to have occurred.  J.T. retained defence lawyer Joseph Neuberger to defend the charges.  CAS had been involved in the investigation, and after a few months, defence counsel Joseph Neuberger was able to obtain the entire CAS file, and after careful review the notes of the youth worker seemed to suggest that the complainant had not only recanted early after the police took the statement but that the allegations arose after a period of parental discipline by J.T. that the complainant deemed too harsh and restrictive of her social life.  Defence lawyer Joseph Neuberger disclosed the relevant notes during a judicial pre-trial to a judge and the Crown.  It was interesting the CAS never felt it necessary to directly communicate these facts to the Crown or police.  After continued discussions, the Crown agreed that there was no reasonable prospect of conviction and the charges of sexual assault and sexual interference were withdrawn.

 

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