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Regina v. P.W. (2012)

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The criminal justice system can be daunting, but you don’t need to go through it alone. Our Criminal lawyers are here to guide you every step of the way.

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Client charged with sexual assault and sexual interference x 2, arising from an alleged inappropriate relationship with a student. The allegations encompassed a prolonged period of inappropriate contact including touching that spanned several months, including instances when away on trips with the Scouts. The client was suspended from teaching and had endured months of a lengthy investigation. Defence lawyer Joseph Neuberger conducted a thorough review of all statements obtained in the criminal investigation and then conducted interviews of many potential defence witnesses that also gave extensive background information on the complainant. At the preliminary hearing, Joseph Neuberger, aggressively cross-examined the complainant to establish a motive to fabricate arising from P.W. firing the complainant from a part-time job and the removal of a lap top computer that the complainant wanted to keep. Defence lawyer Joseph Neuberger was able to obtain admissions from the complainant as to his own history of telling stories and lies to meet his own needs, and established clear inconsistencies on material facts. At the end of the preliminary hearing, the presiding Judge commented that there was a clear motive for the complainant to fabricate his evidence and that the complainant was not a credible witness. Following the preliminary hearing, the Crown agreed with Joseph Neuberger, that there was absolutely no prospect of conviction and that P.W. was wrongly accused. As such, the charges were withdrawn.

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