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Charge of domestic assault withdrawn in Newmarket Court.  K.L. was charged with having grabbed and pushed his wife into their car.  A witness alleged that he heard her screaming and being forcibly pushed into the car.  Joseph Neuberger and Mariya Protsenko were retained as defence lawyers.  After receiving the disclosure, it became clear that the wife did not cooperate with police and the prosecution was based on the witness’ observations.  A statement was taken from the wife who stated that all physical contact was with her consent. The statement was provided to the Crown.  Defence lawyer Joseph Neuberger conducted a pre-trial with the Crown and advised the Crown that thers is no assault if the wife consented to the contact. In law to prove an assault there must be non-consensual touching. As such, persons can consent to touching so long as it does not result in bodily harm. Thus, there was no reasonable prospect of conviction and the charge was withdrawn.