Neuberger & Partners LLP named 2026 Boutique Law Firm of the Year by the Canadian Law Awards. See the award →
× HomeOur Services  About Us  Recent SuccessesTestimonialsNews & Videos  Contactفارسی中文
Contact Our Firm

Regina v. Y.Z. (2019)

Book a Consultation Now

The criminal justice system can be daunting, but you don’t need to go through it alone. Our Criminal lawyers are here to guide you every step of the way.

Contact Our Firm

 

← More Recent Successes success stories

Directed verdict of not guilty granted after three day trial in the Ontario Court of Justice, Newmarket on charges of Sexual Assault, Sexual Exploitation, and Sexual Interference x 2.  The client had been married to his wife, Y.W, for over 9 years and there was a daughter, who was the complainant in this case.  In August of 2018 the complainant came forward with allegations that in 2015 Y.Z. had touched her breast and then for the balance of 2015 and 2016 had committed various acts of touching in her bedroom.  These allegations came forward right at the time that Y.Z. and his wife were having extensive arguments about his son from a previous marriage coming to Canada to live with them.  These arguments were so disruptive that the Y.Z and his wife longer shared a bedroom and agreed to separate in August of 2018.  Defence lawyer Joseph Neuberger was retained.  Joseph Neuberger carefully reviewed the statements, and obtained from the client a detailed history and chronology of all events from their marriage up his date of charge. In addition, defence lawyer Joseph Neuberger obtained the family court documents, and messages between Y.Z. and his wife.  While the case was ongoing, new disclosure was provided of a partial recording made by the wife in August of 2018 where she questioned him about the alleged sexual assault.  The recording was less than one minute and cut off at the end.  At trial, Joseph Neuberger extensively cross-examined the complainant about the allegations and established inconsistencies and implausible facts.  However, Joseph Neuberger had court break early and so the mother, Mr. Y.Z. would testify the next day.  Defence Lawyer Joseph Neuberger suspected that the complainant and her mother would speak over night prior to the mother/wife testifying.  The next day the mother testified and Joseph Neuberger vigorously cross-examined her, showing first that it was obvious that the complainant and her mother had spoken about the cross-examination thus showing collusion, and second, the recording was obviously cut off.  Joseph Neuberger cross-examined on the recording and the complainant insisted it was a confession by Y.Z. and that he had not denied the allegations.  However, under cross-examination she admitted that what she had turned over to the police was only a small part of a nine (9) minute recording.  Thus, court was adjourned as a police officer attended at the mother’s residence and retrieved a copy of the full and complete recording.  After careful review with the Crown, it was apparent that the mother, Y.W., had lied to the court and the police about the nature of the recording and in fact a full transcript of the recording showed that Y.Z. had indeed denied the allegations and the mother only gave what portion she wanted to provide to the police to try and convince them that he had admitted the offence.  Thus, the Crown assessed the case and based on the evidence arising from cross-examination invited the Court to enter not guilty verdicts on all charges.

 

Contact Our Firm