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Regina v S.W. (2018)

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Charges of Assault Causing Bodily Harm, Assault with a Weapon, and Assault withdrawn after extensive negotiations with the Crown. The complainant boyfriend of S.W. was attacked by S.W. with a knife and sustained serious head injuries. Joseph Neuberger was retained as the defence lawyer. After review of the statements and interviews with the client, the situation arose from a very heated argument. It became apparent that S.W. became fearful of being attacked by the complainant and proactively obtained a knife to remove the complainant from the apartment. In addition, both parties had consumed a large quantity of alcohol. Joseph Neuberger had the complainant assessment by a therapist and a forensic psychiatrist. The reports suggested a situational psychosis of being attacked by the complainant. After months of therapy and further risk assessment, all defence reports were turned over to the Crown. The Crown agreed with Joseph Neuberger that there was a viable defence and that S.W. had done extensive therapy to address alcohol misuse and to demonstrate no risk. As such, all charges were withdrawn and the client signed a peace bond that would be in effect for 6 months.

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