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Charges of assault causing bodily harm dismissed after lengthy discussions with the Crown. The two clients were charged with a fight arising from a dispute at a Toronto nightclub. The evidence was contradictory but defence lawyer Joseph Neuberger obtained further evidence demonstrating the complainant as having been involved in an attack on R.M. and W.M. which supported the defence position that the complainant was the aggressor and the two clients merely acted in self-defence. Accordingly, the charges were dismissed.
Charges of Threaten Death x 2 and Mischief withdrawn in the Ontario Court of Justice prior to trial. Defence lawyer Joseph Neuberger obtained statements of independent witnesses and the video surveillance of the location where the incident was alleged to have occurred. The evidence established material inconsistencies with the two complainant’s version of events. As a result of the defence investigation, the Crown determined that there was no reasonable prospect of conviction and all charges were withdrawn.
Charges of Threaten Death x 3, Assault x 2, and Assault with a Weapon (Domestic), withdrawn after extensive pre-trial negotiations. Defence lawyer Joseph Neuberger was able to obtain a copy of a 42 minute taped argument between the complainant and M.G.A.. The tape disclosed that the complainant was extremely aggressive, threatening and out of control while the client was at all times controlled. Two other recorded arguments further added to the defence position that the complainant was the aggressor and made up the allegations because the client ended the 16 year marriage. Joseph Neuberger was able to convince the crown that based on the disclosed evidence there was not reasonable prospect of conviction. All charges were this withdrawn.
Charges of mischief and indecent act withdrawn after extensive pre-trial negotiations. The client was alleged to have exposed himself while leaving a subway on a path that was dark with a potential female victim that was several metres ahead of the client. The evidence presented was conflicting in whether it was possible for the potential victim to have seen anything. Defence lawyer Joseph Neuberger had the client undergo a forensic assessment to rule out any sexual deviations and provided the report to the Crown showing that there was no such issues and no risk to the community. After numerous meetings with the Crown and judicial pre-trials, the charges were withdrawn.
Charge of sexual assault withdrawn mid-way through the preliminary hearing. The client was alleged to have sexually assaulted a female friend after they attended a casino and went to the hotel to rest before returning to Toronto. The allegations were very serious and reported to police later that night. The complainant had a boyfriend and when she returned home an argument ensued about why she went with B.L.C. to the casino. It was during this argument that the complainant alleged that she was sexually assaulted. In the complainant’s statement, it was alleged that B.L.C. made numerous affectionate moves on the complainant, while in the casino, that were flatly rejected by the complainant, including the complainant intentionally standing away from B.L.C. Defence lawyer Joseph Neuberger obtained the surveillance footage from the Casino. Joseph Neuberger then charted out the alleged acts in the statement with the surveillance footage. There were numerous inconsistencies, including footage showing the complainant standing beside B.L.C. rubbing his back and stroking his neck. At the preliminary hearing, Joseph Neuberger, commenced cross-examining the complainant with the inconsistencies. Unbelievably, the police never sought the surveillance and once disclosed by the defence, it was not reviewed. After one day of the preliminary hearing, the Crown had serious concerns about the credibility of the complainant. Joseph Neuberger, and his paralegal Grace Condello, prepared a new chart outlining the in court testimony as contrasted with both the original statement and surveillance, and then provided the chart to the Crown. As a result of the obvious inconsistencies, it was apparent that the complainant may have fabricated the entire allegation. As a result the charge was withdrawn.
Client was found not guilty of Sexual Assault and Sexual Interference after trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger conducted a detailed pressing cross-examination of the complainant, yielding numerous material inconsistencies and eventually an admission that both allegations may have been a figment of her imagination. Further cross-examination established that she was unsure if anything happened and may have just been telling stories to get attention. The two other witnesses called by the Crown were also extensively cross-examined by Joseph Neuberger in a manner that established that the complainant both before and after the alleged sexual assaults did not show any distress and in fact appeared to like the accused and wanted to spend time with the accused. No defence was called and the client was found not guilty of both charges.
Charges of Mischief under $5,000.00 and Assault Peace Officer, withdrawn prior to trial in the Ontario Court of Justice. The client was charged with allegedly assaulting an off-duty police officer who attempted to arrest the J.K. after J.K. allegedly damaged his car. Defence lawyer Joseph Neuberger had the client assessed given certain issues pertaining to the client’s mental health and after a series of pre-trials with the Crown and the client undertaking a meaningful course of counselling, all charges were withdrawn.
Client charged with assault with a weapon on her ex-husband withdrawn prior to trial in the Ontario Court of Justice. The client was separated and living at another address. While returning the children after a weekend, the client saw the girlfriend of the complainant (ex-husband) in the matrimonial home. The client got upset and the complainant grabbed the client and physically removed her from the house. While being dragged out of the house, the client hit the complainant with a toy water gun. The complainant called police. Shockingly the client was actually charged with assault with a weapon. Defence lawyer Joseph Neuberger had extensive discussions with the crown and was able to establish that the separation agreement stipulated that she still had rights to be at the matrimonial home and the ex-husband by physically removing the complainant committed an assault to which the client was legally permitted to defend herself. Accordingly the charge was withdrawn.
Client acquitted of sexual assault and sexual interference in relation to young complainant after 5 day trial during which counsel Stacey Nichols extensively cross-examined complainant, complainant’s sister and mother. Ms. Nichols cross-examination revealed numerous inconsistencies and problems with the Crown’s evidence. The trial judge ultimately found that he could not rely on the evidence and all charges were dismissed.
Client acquitted of domestic related charges after 2 days of trial in the Ontario Court of Justice. The Complainant, who was the Accused person’s ex-wife, was cross-examined extensively and was confronted with prior affidavits from family court proceedings which revealed serious problems with the veracity of her evidence. Charges 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.
