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Regina v. S.G. (2017)

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Charges of domestic assault, threaten death, obstruct justice, intimidate a justice participant, and fail to comply x 2, dismissed after a four day trial. S.G. was alleged to have assaulted his daughter in law, and threatened to kill her. After he was charged, the complainant attended police again and alleged that S.G. re-attended the home and not only communicated with her but attempted to have her change her story to police by threatening her with further violence. Defence lawyer Joseph Neuberger was hired. After carefully scrutinizing the complainant’s evidence, Joseph Neuberger, obtained statements from S.G.’s surety and neighbours to show that at no time did S.G. return to the home where his daughter was living and obtained medical evidence about physical restrictions that S.G. had which were inconsistent with the manner in which the complainant alleged the assault occurred. At trial, Joseph Neuberger, cross-examined the complainant extensively and established material inconsistencies not only between her two statements but also within her in court testimony. Many of the inconsistencies were not supportive of the allegations and significantly damaged her reliability and credibility. During the second phase of the trial, upon careful consideration of the evidence, the Crown attorney directed the judge that there was no longer any prospect of conviction and S.G. was found not guilty of all charges.

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