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Charges of Sexual Assault, Gang Sexual Assault, Obstruct Justice and Fail to Comply with Release Order, withdrawn after commencement of the preliminary hearing.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 After the commencement of the preliminary hearing, the Crown agreed with Joseph Neuberger and the charges were withdrawn in favour of S.L. signing a peace bond.
Charge of Sexual Assault withdrawn after the third judicial pre-trial and prior to trial.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.
Charges of Domestic Assault x 2 withdrawn prior to trial. F.J. was having an argument with his wife regarding an alleged extra marital affair. When F.J. discussed divorce, the argument worsened and police were called by the complainant. F.J. was charged with two counts of domestic assault allegedly having occurred several months prior to this date of the argument. Joseph Neuberger was retained as his defence lawyer. Joseph Neuberger reviewed the disclosure. There was no injuries, no reports to third parties such as a doctor and the report to police was made at the time of the breakdown of the marriage. Joseph Neuberger obtained the family court documents that were subsequently filed by the complainant . The divorce documents highlighted the two alleged incidents of assault but also other unreported incidents. In addition the complainant was seeking an unequal split of the family property and sole custody. Joseph Neuberger provided the Crown with the family court documents and asserted that the allegations were made simply as revenge and to obtain money in the family case and sole custody. Numerous pre-trials were conducted and eventually the Crown agreed to withdraw the charges upon F.J. 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.
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.
