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Regina v. V.B. (2018)

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Charge of Sexual Assault withdrawn after the third judicial pre-trial and prior to trial. V.B. had been divorced from the complainant for a number of years. The two parties had a custody agreement in place. Just after V.B.’s family lawyer wrote to the complainant about seeking an extension of access time, the complainant attended a police station and alleged a prior sexual assault. V.B. was arrested and up until the time of the withdrawal of the charge, had not been able to see his children. V.B. retained Joseph Neuberger as his defence lawyer. Joseph Neuberger provided the Crown with a detailed outline and supporting material about the chain of events including requests for increased access, and CAS notes showing no concerns regarding parenting but a high conflict relationship between V.B. and his former wife; the complainant. Just after the complainant made her statement to police, she sought sole custody of the two children. Defence lawyer Joseph Neuberger provided the letter and material for sole custody to the Crown and alleged that the criminal justice system was being used as a means to gain leverage in the family court process. After three judicial pre-trials, the Crown agreed and the charge of sexual assault was withdrawn.

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