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Client found not guilty of Sexual Assault, after a three-day trial in the Ontario Court of Justice, Toronto. A.M. was charged with sexual assault during a message of his neighbour. A.M. retained Christopher Assie of Neuberger & Partners LLP, Brampton Criminal Lawyers, to defend him. A.M. was alleged to have given his neighbour a massage. During the massage, the complainant alleged that A.M. had massaged her breasts and had massaged/touched her clitoris and buttocks without consent thus giving rise to a charge of Sexual/Sex Assault. A.M.’s version of events was that after a brief conversation with the complainant regarding her back pain and other ailments outside of their homes, he offered to provide her with Turmeric – which he knew to be help with physical ailments. He offered to give her some if she did not have any. She accepted his offer and went into his home to retrieve it. While discussing various topics in the home, he pointed out a tube of topical anesthetic cream that had been prescribed to him by a doctor to help with his own muscle pain. He offered her some and she accepted. He applied the cream to her back. He denied touching any other body part and flatty denied Sexual Assault. The complainant told the police that A.M. had then tried to ‘bribe her’ by offering her some jewellery after he assaulted her. The incident occurred about a week before Christmas. The complainant had distorted the interaction, characterized innocuous events as nefarious, and had fabricated the sexual assault. Mr. Assie was able to demonstrate through careful cross-examination that the complainant’s account made no sense and did not withstand scrutiny. What she characterized as an attempted ‘bribe’ was in fact the reasonable actions of a small business owner who was simply trying to make a sale during the lucrative Christmas season by presenting her the costume jewelry he sold in the hopes of turning her into a customer. Mr. Assie also spent a significant amount of time preparing A.M. to testify in his own defence. A.M. was an immigrant and was not entirely fluent in English. He was an older gentleman who had never been in trouble with the law before and was very nervous to testify. The only way to help A.M. from feeling overly nervous at trial was to spend several days conducting mock examinations-in-chief and mock cross-examinations of the facts and basis of the Sex Assault charge. All the work preparing A.M. for trial paid off as the judge ultimately ruled that she accepted his version of events and found him not guilty of sexual assault.
*This is an important example of how it is vital to helping a client prepare for giving evidence in court. This type of preparation of the defence evidence resulted in the client being believed by the trial judge on the sex assault charge. At Neuberger & Partner, Criminal Lawyers Toronto, Joseph Neuberger, over three decades of assisting clients has developed a defined process for defences on charges of Sexual Assault, Sexual Interference, Sexual Exploitation, Domestic Assault and Assault. All lawyers in Neuberger & Partners follow the same detailed approach to defending and helping clients succeed in their cases.
Charge of Sexual Assault withdrawn prior to setting date for trial, Kingston. N.C. was charged with one count of sexual assault out of Kingston courthouse. N.C. invited some friends over to his house. After some drinking and watching movies, N.C. ended up having a sexual intercourse with one of the attending friends. Later that night, the friend made a complaint that sexual intercourse was not consensual, and that N.C. had forced himself on her. N.C. retained Mariya Protsenko, Neuberger & Partners LLP, Criminal Lawyers Toronto, to represent him the Sex Assault charge. Mariya spoke to the client and carefully reviewed two statements of the complainant, two witness statements and other evidence provided to the defence. Defence interviews were conducted to determine what was observed of the two parties that night. Mariya conducted several pre-trials with the Crown and provided a memo on material discrepancies in the statements of the complainant and witnesses as well as internal inconsistencies. The Crown Attorney agreed that she had a weak case for a reasonable prospect of conviction. N.C entered into a peace bond and the charge of Sexual Assault was withdrawn.
Charges of Domestic Assault were withdrawn by way of a section 810 peace bond at the Ontario Court of Justice, Scarborough. AD and the Complainant were in a relationship for over three years. They were engaged to be married and were living with each other. The Complainant alleged that AD started suspecting that the Complainant was cheating on him. She also alleged that AD would follow her on numerous occasions due to which she broke their engagement and asked him to move out. On one occasion, the Complainant alleged that AD followed her into a club where he punched her several times on her face. To make matters complicated, the Complainant’s son called AD to make death threats against him. AD met the police to report the Complainant’s son, however, got arrested himself for Assault on the Complainant. Yuvika Johri of Neuberger & Partners, Toronto Criminal Lawyers, was retained to represent AD against the charge. Yuvika reviewed disclosure which included several pictures of injuries on the Complainant’s face. At the Crown Pre-Trial, Yuvika established that the Complainant was in fact cheating on AD while they were weeks away from getting married. She also showed weaknesses in the Crown’s case and was able to convince the crown to withdraw the charges against AD. All charges were withdrawn by way of a common law peace bond against AD.
Charges of Assault x 3 withdrawn prior to trial, Halton Region. Mr. N.M. had separated from his wife and divorce proceedings were filed. Shortly after the filings, Mr. N.M. was charged with Domestic Assault of his former wife, and assault of his son. There was a serious issue of parental alienation involved. Joseph Neuberger was retained as the criminal defence lawyer. After obtaining and reviewing the statements of the two complainants, Joseph Neuberger disclosed the divorce proceeding documents to the Crown and conducted an extensive pre-trial. It was evident that the criminal allegations were being used as leverage in the family court proceedings for sole custody and an unequal division of assets. Further, Joseph Neuberger obtained a copy of a report done by a therapist regarding an assessment with the children including the son who was the complainant. That was also provided to the Crown along with additional defence disclosure. As a result of the defence disclosure, the Crown agreed to withdraw all charges.
Charge of Domestic Assault withdrawn, Newmarket. Mr. E.C. was living with his girlfriend. After an evening of drinking the two got into an argument because E.C. did not want to get married. The incident became physical and police were called. E.C. was charged. Joseph Neuberger was retained as the criminal defence lawyer. Joseph Neuberger had the client photographed as he sustained injuries from the altercation. Further, after receiving the disclosure, Joseph Neuberger brought a civil motion to have the complainant removed from E.C.’s home. The complainant had no interest or right to the property and the bail for some reason excluded E.C. from his home. Joseph Neuberger did not act on the bail hearing. The motion was successful and the complainant was removed. Joseph Neuberger then had the bail amended. During the course of the proceedings the complainant made numerous outrageous allegations. After discussions with the Crown Attorney, it was agreed that E.C. would sign a peace bond and the charge would be withdrawn. As a result, the charge of assault was withdrawn.
Charges of Sexual Assault and Domestic Assault withdrawn on the eve of trial, Newmarket. Y.Z. was in a on and off relationship with the complainant. The couple broke up in 2018 when the complainant at that time was charged with assault related to Y.Z. The couple reconciled. During a five day period the complainant was staying at the home of Y.Z. and on the last day an argument and physical altercation arose. The complainant reported to York Regional Police and Y.Z. was charged. Joseph Neuberger was retained to represent Y.Z. Diana Davison was brought on the file to assist. Joseph Neuberger obtained the full disclosure and carefully analyzed the two statements of the complainant noting oddities about the evidence. Joseph Neuberger brought a 276/278 motion to permit cross-examination of the complainant on prior sexual history evidence and text messages exchanged relevant to evidence given by the complainant. These applications are complex and need to be drafted carefully with supporting case law. The Application was drafted to set out not only the defence but the factum mapped out the issues with the complainant’s evidence. The Application was opposed by the Crown but Joseph Neuberger was successful and given full ability to cross-examine the complainant on all areas sought. After the successful application Joseph Neuberger provided the Crown with the draft outline of his cross of the complainant and a memo on reasonable prospect of conviction. After some discussions the Crown withdrew the Sexual Assault and Assault charge. * It is important to note that there were subtle inconsistencies in the complainant’s evidence that required creative drafting of the cross and weaving together evidence the demonstrated some falsities of the complainant’s evidence. The preparation of the Application and Cross required considerable time but proved to establish the client was innocent.
Charges of Assault, Assault with a Weapon and Assault Causing Bodily Harm were withdrawn by way of a common law peace bond at the Ontario Court of Justice located at Brampton. It was alleged that LSM along with two other co-accused(s) arrived outside the Complainant’s residence and started an argument. The argument was allegedly over money the Complainant owed LSM and the co-accused(s). The argument escalated and Complainant alleged that he was punched several times and as a result, dislocated his shoulder. A friend of the Complainant also alleged that he tried to intervene in the altercation and was hit with a wooden object kept on the floor by LSM. LSM was charged with Assault, Assault with a Weapon and Assault Causing Bodily Harm. Several pictures of the injuries and medical reports of the Complainant were provided in the disclosure. Yuvika Johri of Neuberger & Partners, Toronto Criminal Lawyers, was retained to represent LSM against the charges. Yuvika reviewed disclosure and conducted several meetings with Counsels for the co-accused(s). At the Crown Pre-Trial, Yuvika showed weaknesses in the Crown’s case and was able to convince the crown to withdraw all charges against LSM. A withdrawal was necessary in this case as LSM was an international student from India and a conviction would impact his immigration status. All charges were withdrawn by way of a common law peace bond against LSM.
Charge of Assault was withdrawn at the Ontario Court of Justice located at 2201 Finch Avenue. The Complainant alleged that YL assaulted him over a disagreement involving their five-month-old corgi puppy. The argument allegedly escalated when YL scratched the Complainant’s hand when she tried to take the puppy out of his hand. Due to loud noises, the neighbours called 911 and police charged YL with Assault on arrival. Yuvika Johri of Neuberger & Partners, Toronto Criminal Lawyers, was retained to represent Y.L against the charge. Yuvika reviewed disclosure and worked with the Complainant’s Counsel to show that there was no reasonable prospect of conviction in this case. Crown agreed with defence’s position and as a result, assault charges were withdrawn against YL.
Charge of Criminal Harassment, and Voyeurism withdrawn prior to trial. M.F. had been charged with allegedly sending inappropriate messages and videos obtained of the complainant over a period of several month. The contact was anonymous but due to tech search by police the client was arrested. Joseph Neuberger was retained as the Criminal Defence Lawyer. After careful review of the evidence and extensive discussions with the Crown, and some remedial steps taken by the client, all charges were withdrawn.
R. G. was charged with a domestic assault for an allegation that he assaulted his wife while they argued on the driveway of their home in Milton. Client maintained that wife was the aggressor and argument was over a sexual escapade gone wrong. Mr. John Navarrete obtained the text messages between the wife and the husband prior to the incident and provided them to the Crown Attorney’s office demonstrating that the client was the victim in this matter. Charges against the client were withdrawn and he entered into a common law peace bond.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
