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Criminal charges of Assault, Assault causing bodily harm and Assault with a weapon withdrawn. S.K. was alleged to have attended the home of the complainants with two other people. During an argument, S.K. and his co-accused were alleged to have started a physical altercation and then grabbed broken chair leg and assaulted the complainants. S.K. was in Canada on a student visa. Any conviction would have immediately lead to his inadmissibility to Canada and lead to his deportation. S.K. hired Christopher Assie. A careful review of the evidence revealed that the allegations of who started the physical altercation and who introduced a weapon during the altercation revealed that it was not cut and dry. Through discussions with the Crown, counsel was able to convince them to withdraw the charges in exchange for S.K. entering into a peace bond and completing some anger management counselling. All charges withdrawn and S.K. was permitted to remain in the country.
Charges of Utter Threats withdrawn prior to setting trial date. Client was charged with Uttering Threats to cause death/ bodily Harm. One night, AP and the Complainant engaged in a heated verbal argument. The argument escalated when the Complainant proceeded to call AP’s father to report AP’s behavior. The two proceeded to struggle over the phone. The Complainant alleged that AP made threats to stab her with a knife her if she did not stop. Yuvika Johri was retained as the Toronto Criminal Defence Lawyer to represent A.P. against the charges. After reviewing disclosure, Yuvika convinced the Crown to not prosecute A.P. as there was no reasonable prospect of conviction. After extensive discussions, Crown agreed to withdraw the charges by way of a peace bond.
Charge of Domestic Assault withdrawn prior to trial. The client was charged with Assault. The Complainant alleged that they had an argument over infidelity. G.M. allegedly pushed her into a door that caused her to fall and get hurt. The Complainant also alleged that G.M. caused soreness to her hands, and allegedly tried to avoid getting arrested by the police by running over to a nearby construction site. Yuvika Johri was retained as G.M.’s criminal defence lawyer. After much back and forth with the assigned Crown, Yuvika Johri negotiated the charge to be withdrawn in exchange for the client signing a peace bond. The evidence clearly established a motive to fabricate due to the issue of infidelity and numerous implausible facts in the statement to police. This was a classic example of a revenge charge.
Found not guilty after three day trial in the Ontario Court of Justice, Newmarket, of Sexual Assault. N.B. and the complainant had been dating for approximately two months prior to the date of the allegation. Over the pandemic the two had not been able to see each other and after having quarantined they decided to have a car date. During the car date the two became intimate however, the complainant alleged after that she felt pressured into sexual activity and pushed. The complainant spoke to police five days later and said that she had been pushed so hard that she vomited during the sexual act and the accused kept pushing her head and continued the sex act. The accused was arrested. Joseph Neuberger was retained as the Criminal Defence Lawyer. Joseph Neuberger obtained the statement of the complainant, had it transcribed and then obtained the entire messaging between the parties from the start of the relationship until after the night of the alleged incident. Assisting Joseph Neuberger was Diana Davison. The statement was broken down into chart form and analyzed. Many aspects seemed odd or implausible especially when viewed in light of the messaging. A section 276/278 motion was brought to make admissible the messaging and to be able to cross-examine the complainant on issues related to how the two communicated boundaries and consent; the evolution of the relationship and credibility. The motion was successful. At trial, extensive cross-examination took place on aspects of the complainant’s evidence that played down the relationship, and the complainant’s interest in N.B. Cross-examination on the messages yielded a rich foundation of inconsistencies and inaccurate or misleading answers by the complainant. In addition, Joseph Neuberger and Diana Davison spent considerable time assisting N.B. in understanding the trial process and about testifying at trial. The result was that the trial judge accepted and believed the evidence of N.B. and rejected parts of the complainant’s evidence as being not credible. N.B. was acquitted of Sexual Assault. * Important to note that where there is messaging between the complainant and the accused, careful attention must be paid to the drafting of the 276/278 motion in order to avoid myth based reasoning and apply the messages to grounded facts in the case yielding important evidence to support the defence narrative.
Charges of Assault x 7, Criminal Harassment and Threaten Death withdrawn on the eve of trial in the Ontario Court of Justice, Halton Region. A.D. and the complainant, his wife at the time, were in the midst of a separation. One morning while A.D. was attempting to take his son to swimming, the complainant and A.D. got into a heated argument. The argument escalated and there was a physical confrontation. The complainant called police and A.D. was charged with various domestic related offences. Joseph Neuberger was retained as his criminal defence lawyer. The disclosure included a statement from the complainant and the older son of the marriage. The son had not seen an assault but came in during a moment when he thought he had seen his father’s hand raised. The client to his credit had made an audio recording of the event and of two prior arguments. Joseph Neuberger had the audio enhanced and the recordings transcribed. The recordings were disclosed to the Crown. The recording of the event that led to the charge, if listened to carefully, fairly clearly demonstrates that A.D. was slapped twice and then a third time very hard to which the son states “don’t hit back”. The content of the recordings did not deter the Crown from pursuing the charges. Joseph Neuberger also worked closely with the family lawyer and obtained documents from the family court matter that showed that in fact A.D. and the complainant were only common law and had never been civilly married. There was a religious marriage but no civil marriage. Just prior to the argument and the laying of charges, the complainant was arguing with A.D. about wanting him to move out and for her to have sole custody and have the house. As defence counsel reviewed the disclosure in the family case it became clear that the complainant had falsified a civil marriage certificate on a date that A.D. had conclusive evidence he was not in the country. Just prior to trial Joseph Neuberger again put together a chart and memo breaking down time frame by time from the audio recordings and disclosed the family court material. Upon extensive discussions a decision was made by the Crown that there was no longer a reasonable prospect of conviction. The client signed a peace bond and all charges were withdrawn.
Charges of Utter Death Threats, Possession of a Dangerous Weapon and Assault with a Weapon withdrawn prior to setting a trial date. J.Y. had been living with his girlfriend for a year and the two were experiencing a deterioration of their relationship. During an argument about who should be the one to move out, J.Y. took a pair of scissors and threatened to cut up the complainant’s favorite stuffed animal. The complainant called 911 and gave a statement that she felt physically threatened and J.Y. was charged. Joseph Neuberger was retained as the criminal defence lawyer Toronto. After careful review of the evidence, Joseph Neuberger sent J.Y. for counselling regarding conflict management and healthy skills in dealing with relationships. A report was provided to the Crown and on the facts there was no threat at all toward the complainant, only the stuffed animal. Charges withdrawn.
Charges of Domestic Assault x 7 and Assault with Weapon/Causing Bodily Harm withdrawn just prior to starting trial in Orangeville, Ontario. R.D. was in the midst of separation from his wife, the complainant, and an argument erupted over the children and finances. Not surprisingly after my client refused her requests and stated that his lawyer will handle these issues, he left the home and about three hours later, R.D. got a phone call from police to turn himself in. He was charged with an assault the day of the argument, and seven historical assault charges. Joseph Neuberger was retained as the criminal defence lawyer. Joseph Neuberger obtained the disclosure including the complainant’s statement and limited medical records. The medical records did not support the complainant’s version on events on the assault causing bodily harm. Joseph Neuberger broke down the allegations in chart format and then hired a private investigator who took statements from the two of their children, and two other witnesses as to dates of some of the allegations. The two children, who we had hoped would not be brought into the matter, voluntarily provided statements and were concerned that their mother was providing false information to the police and to the prosecution. The statements from the two boys directly contradicted the complainant on two allegations. In addition, other witnesses provided statements of threats made by the complainant post separation about doing everything possible to ruin R.D. unless she got what she was asking for. As the matter proceeded close to trial, Joseph Neuberger, and the Crown prosecutor had detailed discussions about the frailties of the evidence. Joseph Neuberger provided defence disclosure and then conducted a further pre-trial. After extensive discussions, it was agreed that the Crown would withdraw the charges and the client would sign a peace bond.
Charge of Domestic Assault and Choaking withdrawn prior to setting trial date, Halton Region. M.C. was in a separation with his wife. The two had numerous arguments about the divorce and as so commonly occurs, M.C. was charged by the complainant with historical allegations of Assault and Choaking. Joseph Neuberger was retained as the Criminal Defence Lawyer. After receiving and reviewing the disclosure, Joseph Neuberger obtained extensive mental health records dating back to the time period of the alleged assaults. The complainant retained counsel. Joseph Neuberger spoke with the lawyer for the complainant, and it was revealed that the allegations, although in retaliation for her displeasure with the financial settlement offered in the divorce, were also a product of a delusional belief system. M.C. had said that unfortunately his wife, the complainant, was not well for over 10 years, and it appeared that operative mental health issues were a factor in making false accusations. Joseph Neuberger approached the Crown with a letter from the lawyer for the complainant and defence disclosure of the medical records. It was agreed that there was no reasonable prospect of conviction and the charges were withdrawn.
Charges of Breach of Recognizance and Assault Resist Arrest withdrawn at early stages of proceedings. J.B. had been on a peace bond and unfortunately suffered from mental health issues and comorbid substance use disorders. J.B. had consumed alcohol that caused a relapse and police had arrested J.B. and charged him with Breach and Assault. Joseph Neuberger was retained as the criminal defence lawyer and immediately obtain all related medical records, obtained an updated report from the physician and wrote the Crown that J.B. had tried endlessly to attach to a mental health social worker and community based psychiatrist during the pandemic but could not get any assistance. As a result, J.B. had been isolated and but for this one event, was doing extremely well managing his medication and sobriety without little supports. As such, the Crown immediately withdrew the charges.
Charges of Domestic Assault x 2 withdrawn prior to setting a trial date. JC and the Complainant were celebrating new years eve at JC’s residence when an argument started between the two. According to JC, the Complainant spoke ill of his sister due to which JC asked the Complainant to leave. The Complainant attempted to leave with an expensive bottle of vodka due to which the argument heated further, and JC called 911 to remove the Complainant from his residence. Upon police’s arrival, the Complainant alleged that JC punched him three times on his face. JC was arrested and taken to the police station. Yuvika Johri of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained by JC to represent him against the charges. Yuvika reviewed the disclosure and convinced the crown to resolve this matter by way of a peace bond as the Complainant had mislead JC into having unprotected sex with him without disclosing that he was HIV positive. Yuvika reasoned that the Complainant should have been charged with aggravated assault instead. The assault charge against JC was withdrawn, and client entered a 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.
