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Regina v. M.S. (2017)

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Charges of domestic assault, and Assault with Weapon x 2 withdrawn after extensive negotiations with the Crown. M.S. and his wife got into an argument over chats that she had discovered on his computer. The two got into a heated argument that then escalated to a physical altercation. The complainant wife contacted police and M.S. was charged. Joseph Neuberger was retained as his defence lawyer. At the initial intake meeting, Joseph Neuberger noted that M.S. had injuries. These injuries were not documented by the police. M.S. was sent to his doctor immediately and photographed. It was discovered that in fact M.S. had sustained a serious head injury, and abrasions. A full report was obtained from his doctor and was provided to the Crown with pictures of the injuries. Joseph Neuberger was able to send a private investigator to take a further statement from the complainant and photograph the kitchen where the fight is alleged to have occurred. Blood photographed on the wall matched the description given by M.S. to his defence lawyer Joseph Neuberger. Joseph Neuberger conducted two pre-trials but turned over the further statement of the complainant, photographs of the kitchen and a description of how the alleged assault took place and M.S.’ version was the correct version in which he was attacked first and sustained the more serious injuries. An agreement was reached to withdraw all charges and the client signed a six month common law peace bond.

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