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Regina v. L.Z. (2017)

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Charges of domestic Assault x 4 stayed on the eve of trial. The client was alleged to have assaulted his girlfriend on two separate occasions including choking her. The complainant gave two statements to police. Defence lawyer Joseph Neuberger, after an in-depth interview of the client and two potential defence witnesses, sought disclosure from the Crown of two 911 calls made by the client around the dates of the alleged assaults including police records about the calls. Once obtained these calls revolved around instances of mental instability where L.Z. called police and ambulance services due to his fear of his girlfriend harming herself. It became clear from this disclosure that the complainant had unfortunately a serious mental health issue. On each instance L.Z. was restraining the complainant to prevent her from self harm. Defence Lawyer Joseph Neuberger broke down the two statements and provided the Crown with a chart demonstrating material inconsistencies that supported the defence position that the only physical contact was for protection of the complainant and not an assault. Further, the complainant wrote a letter to the Crown about how at the time of providing her statements she was quite depressed and confused as a result of her illness. Joseph Neuberger pressed the Crown to speak with the complainant about her letter and that there was no reasonable prospect of conviction. After numerous court appearances and pre-trials all charges were stayed.

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