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Charges of Domestic Assault and Mischief withdrawn in the Ontario Court of Justice Newmarket.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 After several pre-trials and the client undertaking a private therapy program, all charges were withdrawn.
Charges of Importation of Child Pornography, Possession of Child Pornography, and Access Child Pornography all withdrawn prior to trial.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.
Charges of Robbery, Forcible Confinement, Assault x 2 withdrawn on the morning of trial. The complainant had alleged that the accused had forced him into his car, beat him, stolen his watch, taken him out of the car and beat him again. Criminal defence lawyer Christopher Assie elected to go straight to trial without having a preliminary inquiry, thus saving the client the additional legal fees. Counsel met with several of accused’s witnesses and prepared them for trial. On the morning of trial, counsel advised the prosecuting Crown of the multiple witnesses that were prepared to testify as to a completely different version of events. After discussions with counsel, the prosecuting Crown realized she had no reasonable prospect of conviction and offered to withdraw the charges in exchange for a peace bond. The client R.R. was happy with the result as it guaranteed that he continued to have no criminal record.
Potential Charges of Possession of Child Pornography and Making Child Pornography Available never laid. The police executed a search warrant on the client’s family home, seizing numerous computers and smart phones. Criminal defence lawyer Christopher Assie was retained by the family and assisted with fending off the investigation.
Charges of Domestic Assault, Mischief to Property, and Failing to Appear in Court dismissed. The complainant and J.A. had been in a long term relationship. During an argument, the complainant alleged that J.A. had assaulted her and broken her cell phone. After being released from custody, J.A. failed to re-attend court. The matter was set down for trial. Criminal defence lawyer Christopher Assie had the client conduct several sessions of counselling, repay the cost of the lost phone, and complete community service hours. The prosecuting Crown agreed to withdraw all charges in exchange for a peace bond. All charges were dismissed.
Charges of Assault and Mischief to Property withdrawn. Complainant alleged that she was assaulted and had her phone thrown away by P.F. Criminal defence lawyer Christopher Assie was retained. He provided the prosecutor with photos of damage caused to P.F.’s vehicle prior to the altercation. Charges withdrawn by the Crown after the third court appearance in exchange for P.F. entering into a peace bond. Client continues not to have a criminal record.
Charge of Assault withdrawn after pre-trial discussions. C.P. had tracked down a group of young boys who he thought were bullying his daughter. When confronted, the boys were upset and a struggle ensued. Police were called by one of the boy’s parents and C.P. was charged with assault. Joseph Neuberger was retained as his defence counsel. Joseph Neuberger conducted a pre-trial and although C.P. had only his daughter’s best interests at heart, there was a better way of handling the situation. C.P. completed five sessions of counselling and the charge was withdrawn. As a note, the boys were spoken to by police about the bullying issue.
Charges of Sexual Assault x 2, Assault with Weapon x 2, Assault x 7, Utter Threats and Mischief all withdrawn prior to the commencement of the trial in the Ontario Court of Justice. The complainant and P.R. were in an intimate affair that was discovered by the complainant’s spouse. The affair continued but again was exposed. An argument erupted between the complainant and P.R. that resulted in the spouse of the complainant contacting police. Joseph Neuberger was retained as the defence lawyer. Aside from analyzing all of the statements, Defence Lawyer Joseph Neuberger canvassed a number of social media contacts that materially undermined the evidence of the complainant. After detailed pre-trial discussions with the assigned Crown, it was determined that the Crown would not proceed with the charges and as such, all charges were stayed.
Charges of Sexual Assault, Assault, and Threaten Death, all withdrawn on the eve of trial in the Ontario Court of Justice. M.H. was in a relationship with the complainant. The two were discussing engagement. At some point, a disagreement arose regarding whether the complainant was dating another person. In fact there was another male party and after this was discovered a further argument occurred between the complainant and M.H. After a visit by M.H. with the complainant, a call was made to police by the other boyfriend and then the complainant gave a statement resulting in charges being laid against M.H. Joseph Neuberger was retained as the defence lawyer. Subsequent to the charges being laid, Joseph Neuberger advised M.H. that in all likelihood the complainant will attempt to make contact. As such, a defence investigation was set up over social media and for calls. Two relevant calls were made, recorded and then transcribed. In addition a number of messages was sent to M.H. The calls and messages were in substance contrary to the statement originally given by the complainant. Just prior to trial, defence lawyer Joseph Neuberger discovered that the other male party was charged with criminal harassment by the same complainant. Joseph Neuberger requested as disclosure the statement in that proceeding. It was further uncovered that the complainant alleged that she was forced to claim sexual assault allegations against M.H. by her other boyfriend. Joseph Neuberger met with the assigned Crown and provided a detailed letter setting out the deficiencies with the complainant’s statement and providing transcripts of the recorded calls and copies of the messages. The Crown concluded that there was no reasonable prospect of conviction and all charges were withdrawn.
Charges of Criminal Harassment withdrawn after extensive pre-trials. K.J. was married to the complainant. A bitter divorce ensued and the complainant was originally charged with various offences after separation. He was convicted of assault and fail to comply. Sometime after those convictions, the complainant then alleged that K.J. was making calls to his employer, posting information on social media and making calls to an agency that the complainant was associated with, all of which was alleged to have caused him to fear for his safety. He also alleged that he lost his job because of the calls. Joseph Neuberger was the defence lawyer. Joseph Neuberger obtained copies of the family court documents, the statement of defence from the wrongful dismissal action brought by the complainant against his former employer and the recordings of the calls made by K.J. Joseph Neuberger met with the Crown and provided a chart detailing the allegations and the source material to refute much of what was alleged by the complainant. Defence lawyer Joseph Neuberger established that all impugned calls may have been unpleasant for the complainant but they contained truthful information and did not contain any threats. More importantly, the complainant was not truthful about many aspects of his evidence. As a result, defence lawyer Joseph Neuberger established that there was no criminal offence committed by K.J. and as such the charges were withdrawn.
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.
