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Charges of domestic assault and mischief withdrawn in the Ontario Court of Justice. H.D. was charged with having assaulted his common law spouse during an argument when she had hid his cell phone and would not return it. During a struggle over her phone, the complainant called police. H.D. was arrested and accused of damaging the complainant’s phone and head butting her. Defence lawyer Joseph Neuberger was retained. After receiving and reviewing disclosure, Joseph Neuberger met with the assigned Crown Attorney and negotiated a withdrawal. As such, both charges were withdrawn.
Charge of Assault withdrawn prior to trial. J.L. was alleged to have been involved in an altercation with another patron at a bar. J.L. allegedly struck and injured the complainant. Defence lawyer John Navarrete was retained. After reviewing disclosure and obtaining a copy of the bar’s internal security recordings, Defence lawyer John Navarrete convinced the Crown that in fact the complainant was the aggressor. As such, the charge was withdrawn.
Charge of Assault Causing Bodily Harm withdrawn just prior to the commencement of trial in the Ontario Court of Justice. The client was charged with having assaulted his former girlfriend and fractured her right orbital bone during the course of a verbal argument. B.W. retained Joseph Neuberger as defence counsel. After obtaining the statement of the complainant and the medical evidence, defence lawyer Joseph Neuberger retained a defence medical expert to assess the report and x-rays of the alleged injury. The evidence suggested that in fact the complainant had attacked B.W. first and B.W. responded by reaction with a slap. The Defence medical report showed that the fracture was minor and could have been caused by a hard slap. Defence lawyer Joseph Neuberger also obtained text messages from the complainant, post the alleged offence, apologizing and wanting contact with B.W. These were translated from Mandarin to English and provided to the Crown with a defence book of authorities on self-defence. After extensive discussions with the assigned Crown Attorney, the Crown withdrew the charge as there was no reasonable prospect of conviction.
After having successfully appealed a conviction for Assault causing bodily harm, and having a new trial ordered, defence lawyer Joseph Neuberger met with the assigned Crown Attorney and it was determined that the charge against J.W. ought to be dismissed. Accordingly, J.W. was found not guilty.
Charges of Sexual Assault, Gang Sexual Assault, Obstruct Justice and Fail to Comply with Release Order, withdrawn after commencement of the preliminary hearing. S.L. was hosting a poker event. A female attended with her friend and engaged in drinking and partying. The complainant female allegedly fell asleep and woke up the next morning not remembering what had happened. The complainant left the apartment and called police and alleged that she was sexually assaulted by at least two persons at the poker party. S.L. was arrested and charged. After being charged, the complainant further alleged that S.L. called her from a friend’s phone and offered money to resolve the issue privately. S.L. was charged with further offences. Then after the arrest a DNA warrant was executed and a fraction of a sperm cell was found inside the mouth of the complainant linked to S.L. There was no other evidence linking S.L. to sexually assaulting the complainant. Defence Lawyer Joseph Neuberger was retained. Joseph Neuberger obtained the DNA biology report and was able to establish a theory of innocent transference of the sperm cell. The amount found was quite small and was thus consistent with the defence theory. In addition, Joseph Neuberger was able to establish that there was no evidence actually liking S.L. to any call wherein S.L. offered money to resolve the file. After the commencement of the preliminary hearing, the Crown agreed with Joseph Neuberger and the charges were withdrawn in favour of S.L. signing a peace bond.
Charge of Sexual Assault withdrawn after the third judicial pre-trial and prior to trial. V.B. had been divorced from the complainant for a number of years. The two parties had a custody agreement in place. Just after V.B.’s family lawyer wrote to the complainant about seeking an extension of access time, the complainant attended a police station and alleged a prior sexual assault. V.B. was arrested and up until the time of the withdrawal of the charge, had not been able to see his children. V.B. retained Joseph Neuberger as his defence lawyer. Joseph Neuberger provided the Crown with a detailed outline and supporting material about the chain of events including requests for increased access, and CAS notes showing no concerns regarding parenting but a high conflict relationship between V.B. and his former wife; the complainant. Just after the complainant made her statement to police, she sought sole custody of the two children. Defence lawyer Joseph Neuberger provided the letter and material for sole custody to the Crown and alleged that the criminal justice system was being used as a means to gain leverage in the family court process. After three judicial pre-trials, the Crown agreed and the charge of sexual assault was withdrawn.
Charge of Sexual Assault withdrawn prior to setting trial date. M.B. had met a young lady in a group therapy program and began a short relationship. After one night, the complainant contacted police and claimed to have been sexually assaulted. Joseph Neuberger was retained as the defence lawyer. Joseph Neuberger carefully reviewed the complainant’s statement to police and obtained certain records that were relevant to the reliability of the version provided by the complainant. After a series of pre-trials, during which Joseph Neuberger gave defence disclosure of relevant evidence, the Crown eventually agreed to withdraw the charge based upon concerns about reliability and not having a reasonable prospect of conviction.
Charges of Attempt Sexual Assault, Luring and Procuring withdrawn prior to setting a trial date. During a police operation for under age prostitution, Z.H. was arrested for allegedly procuring the services of a minor and having committed luring and attempt sexual assault. Joseph Neuberger was retained as the defence lawyer. Much of the prosecution case relied upon text messages exchanged between the alleged minor and Z.H. Joseph Neuberger had a forensic analysis done of the client’s phone regarding the timing of each message and marshalled an argument about the overlap of messages and that Z.H. would not have seen the alleged message with the age. After negotiations with the Crown, the charges were withdrawn.
Charges of Domestic Assault and Mischief withdrawn in the Ontario Court of Justice Newmarket. H.W. had a heated argument with her boyfriend during which the boyfriend contacted police an alleged the assault and damage to his clothing. Defence lawyer Christopher Assie was retained as her counsel. After several pre-trials and the client undertaking a private therapy program, all charges were withdrawn.
Charges of Importation of Child Pornography, Possession of Child Pornography, and Access Child Pornography all withdrawn prior to trial. N.K. purchased online a blow up Anime doll and two other items. Canadian Border Services intercepted the items and turned them over to Toronto Police who determined that the child size Anime doll and two other items constituted child pornography. Joseph Neuberger was retained as the defence lawyer as well as Mariya Protsenko. After careful review of case law there was no other cases involving Anime cartoon characters. Joseph Neuberger and Mariya Protsenko began research of Japanese and East Asian pop culture involving Anime characters. An expert was retained by the defence. A professor who had a Ph.d. in Asain culture reviewed the items seized and in particular the Amine doll. The premise was that this type of character is extremely popular in East Asian culture and such items are readily available for sale. Such characters are NOT representative of a child, or adult but have features of human, animal, children and adults and are not to be perceived as a child. In fact, the expert report clearly set out the Asian cultural perspective which noted the doll is not representative of a child. Joseph Neuberger conducted a number of pre-trials with the assigned Crown and argued that a western centric perspective is inappropriate to assess whether the small seized Anime doll represents a child. Trial dates were set. However, after serving the expert notice and report, as well as a psycho-sexual assessment showing that N.K. demonstrated no preferences for children and had no history of any sexual paraphilias, the Crown agreed to withdraw all charges upon the client signing 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.
