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Regina v. J.B. (2013)

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Charges of sexual assault and domestic assault withdrawn prior to setting date for trial. The client was alleged to have sexually assaulted his girlfriend while in a hotel and when she fled grabbed her by the hair and pulled her back to the room. Defence lawyer Joseph Neuberger was able to have the complainant re-interviewed during which the complainant recanted the allegation and also confirmed her state of high intoxication. The defence obtained copies of her bar tab establishing that the complainant had consumed a large volume of alcohol close in time to the alleged sexual assault. Further, an independent witness who allegedly observed the grabbing of the hair, was inconsistent in his statement, and was contradicted in his timing given the re-interview of the complainant. After extensive pre-trial discussions with the Crown, the client agreed to attend an expert retained by defence lawyer Joseph Neuberger for counselling and after completion of 12 sessions, the client signed a peace bond and all charges were withdrawn

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