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Regina v. D.M. (2015)

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Charge of Domestic Assault withdrawn after extensive judicial pre-trials regarding the merits of the prosecution’s case. Mr. D.M. had been divorced from the complainant for over a decade. Unfortunately, relations between the two remained unpleasant. D.M. attended the complainant’s home to meet his two adult son’s and parked his car in the driveway. When he and his sons returned to the residence, the complainant parked behind D.M.’s car and confronted D.M. about parking on her property. An alleged physical altercation occurred and D.M. was charged. Defence lawyer Joseph Neuberger had two statements taken from one of D.M.’s son and his fiancé. These statements were provided as defence disclosure to the Crown. Joseph Neuberger argued at the pre-trials that it was the complainant who intentionally sought out a confrontation. This was evidenced from blocking D.M.’s car and approaching him for an argument. After extensive judicial pre-trials, Defence lawyer Joseph Neuberger, was able to establish that at best there would be competing versions of the event as there were witnesses for both the complainant and D.M. who are credible. In the spirit of not having to have even adult children continue in the parental conflict, Joseph Neuberger negotiated that the charge would be withdrawn if D.M. completed an anger management program and conflict resolution course and then would sign a section 810 peace bond. D.M. completed the program, signed the peace bond and the charge was withdrawn. The peace bond was not an admission of any liability and the withdrawal is consistent with the client being innocent. However, given that the children of the failed marriage had been through a lot, it made good sense to resolve without any trial. As such, the charge was withdrawn.

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