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Charges of Domestic Assault x 4, withdrawn on the first appearance. R.K. retained Joseph Neuberger as his criminal defence lawyer. The charges stem from alleged assaults dating back to 2010. The two parties separated and had a long divorce process. About 12 years later, which there were other issues surrounding the children, the complainant decided to go to police and alleged historical abuse allegations. Joseph Neuberger prepared a package of materials for the Crown to assess, including a fairly lengthy family court trial decision, as well as other source material showing not only motive to fabricate about animus. Discussions ensued between defence and the Crown, and it was decided that all charges be withdrawn for no reasonable prospect of conviction.
WP was charged with sexual assault against his former long-term girlfriend. WP and the complainant dated for five years. WP tried to break off the relationship several times, though he still cared for her deeply. After the final breakup, the complainant left WP a concerning voicemail. WP was so troubled by the message that he went to her home to check on her wellbeing. She let him into her home and he proceeded to comfort her. One thing led to another and WP succumbed to temptation and they had sex. WP immediately realized that he had made a mistake. The next day they talked again and he apologized for giving her mixed messages. He reiterated that he still cared for her but that they just could not be in a relationship together. She pleaded with him to get back together, but he stood his ground. Two weeks later she went to the police and alleged that WP came to her house and anally raped her while her son was outside the bedroom door.
WP retained Christopher Assie of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend himself against these serious charges. WP had all their text messages from the last few years. The first task was for Mr. Assie was argue a 276?278 Application to be permitted to introduce the text messages to undermine the allegations of the complainant. This motion was complex and Diana Davison assisted with the drafting of the Application. After careful and detailed argument, the Application was granted. The text messages were devastating to the complainant’s credibility. With a skillful cross-examination, the complainant’s account of what transpired quickly melted away. The judge had no difficulty acquitting WP and stated in his judgment, “That having been said, the very real possibility – bordering on a probability – does exist that once [the complainant] realized that WP had used her that day, she decided to leverage the Criminal Justice System to ‘punish’ him for what he had done. That interpretation is supported by the manner in which [the complainant] responded to simple questions put to her that ought to have yielded simple and forthright answers. Answers – when they finally did arrive – took the form of protracted responses that consistently reflected the hurt and anger that [the complainant] had been experiencing right up to and including the time of her cross-examination.”
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.
