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Regina v. M.D.R. (2015)

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Charges of Aggravated Assault, Assault x2, and Utter Death Threats, withdrawn after extensive discussions with the Crown and during judicial pre-trials. At the point of an argument between M.D.R. and his wife, the complainant, M.D.R. informed the complainant that he wanted a divorce. While upstairs in the bedroom, the complainant called police. An investigation ensued and various statements were made about historical and current allegations of assault. The complainant refused to provide a video recorded statement but had recorded alleged threats made by her husband and had alleged medical records to support the Aggravated Assault charge. Defence lawyer Joseph Neuberger obtained from the client a series of emails between the parties prior the police being called that supported a motive to fabricate. Further, the defence obtained the medical records which did not support the evidence of the aggravated assault charge. Further, Joseph Neuberger had a defence witness interviewed who provided a solid alibi defence to the aggravated assault charge and an explanation as to how the complainant sustained the injury. In fact, details in the medical records corroborated the statement of the defence witness. All defence investigation material was disclosed to the Crown. The complainant was advised to contact private counsel for independent legal advice. After extensive judicial pre-trial and pre-trial discussions, all charges were withdrawn.

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