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Charge of Assault Causing Bodily Harm withdrawn in the Ontario Court of Justice prior to setting a trial date. Defence lawyer Joseph Neuberger hired a private investigator to interview various witnesses who were alleged to have seen portions of the altercation between J.B. and the complainant. In addition, Defence lawyer Joseph Neuberger was able to obtain statements from the bouncers of the bar where the altercation occurred. Mr. Neuberger conducted extensive pre-trials with the assigned crown, and provided the crown with statements taken during the defence investigation along with a detailed letter drafted by Joseph Neuberger outlining the deficiencies in the crowns case, as the defence asserted J.B. acted in self-defence. Crown counsel agreed with Mr. Neuberger and the charge was withdrawn.
Client charged with Sexual Assault. On Preliminary Hearing date lawyer convinces Crown that the case is weak and there is no reasonable prospect of conviction. Charge withdrawn.
Charge of domestic assault withdrawn in the Ontario Court of Justice prior to setting trial date. Defence lawyer Joseph Neuberger negotiated a withdrawal on the basis that the client sign a peace bond and the complainant and the client complete 12 counselling sessions.
Charges of assault causing bodily harm stayed in the Ontario Court of Justice, Brampton, after defence lawyers Joseph Neuberger were successful in arguing that the clients’ rights under section 11(b) of the Charter were violated as the case took some twelve and half months to be tried. The two clients were originally charged in October of 2009 with an alleged violent assault of a neighbour. The matter came to trial in February of 2011. However, due to the shortage of Mandarin accredited interpreters, the trial which was scheduled for two days could not be completed and new dates had to be selected in order to have an accredited interpreter available for trial. Due to the inability of the Crown to provide a trial in a reasonable time with an appropriate accredited Mandarin interpreter, defence lawyer Joseph Neuberger brought a motion to stay proceedings based upon an unreasonable delay. The judge agreed with the defence motion and accordingly the charges against the two defendants were stayed.
Charges of Assault and Threaten Death (domestic) withdrawn prior to trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger was able to demonstrate to the Crown a number of serious inconsistencies in the statement of the complainant in comparison to other statements obtained through the defence investigation. Given the nature of the inconsistencies, and the defence statements, it was negotiated that R.L. sign a peace bond and the charges were accordingly withdrawn.
Charges of Assault x 2, Threaten Death x 2, and Criminal Harassment withdrawn in the Ontario Court of Justice prior to trial. Defence lawyer Joseph Neuberger obtained email and text communications from the complainant (ex-wife) to the client, N.B., pre-dating and during the time frame of the alleged offences. The content of the communications undermined a significant portion of the evidence of the complainant as to the nature of the relationship. In addition, defence lawyer Joseph Neuberger was able to establish to the Crown significant inconsistencies in the evidence. As a result the Crown agreed that there was no reasonable prospect of conviction and the charges were withdrawn.
Client acquitted of Prowl by Night and Criminal Harassment x 2 (domestic related) after three day trial in the Ontario Court of Justice. C.K. was alleged to have went on the property of his ex-wife and stalked her. The complainant also alleged a history of emotional and physical abuse. The history was relied upon by the Crown to establish the reasonable fear of the complainant. Defence lawyer Joseph Neuberger carefully investigated all historical allegations, in particular an allegation made by the complainant in the family court proceedings. Joseph Neuberger obtained all police occurrence reports and police notes, including evidence of two prior charges of the complainant in which the complainant resolved the charges by entering into peace bonds. At trial, defence lawyer Joseph Neuberger extensively cross-examined the complainant on her evidence and on contradictory evidence obtained by Neuberger during the defence investigation. The defence also called evidence of two police officers to contradict the complainant. The judgment of the court found that the complainant was not a credible witness and in fact had lied in her family court affidavit. The Court went on to further find that there was no credible evidence to support the complainant’s evidence of C.K. ever having been violent. Accordingly, the client was found not guilty of all counts.
Charge of domestic assault withdrawn prior to setting trial date. Defence lawyer Joseph Neuberger was able to persuade the Crown that there was no reasonable prospect of conviction. The client entered into a peace bond and as such the charge was withdrawn.
Client found not guilty of charges of Assault, Criminal Harassment x 2, Harassing phone calls, and Threaten Death x 2 after four day trial in the Ontario Court of Justice. Client was charged with a number of offences arising from the ending of his relationship with his spouse. The allegations included records of hundreds of phone calls and emails from S.S. that were allegedly directed at harassing the complainant. Defence lawyer Joseph Neuberger sought and obtained recovery of additional email and text communications between the complainant and the client, S.S. In total there were well over 500 emails and text messages. Joseph Neuberger created three briefs of emails and text messages for cross-examination aimed at undermining the complainant’s evidence that the abuse was for the entirety of the relationship and continued while the couple was ending their relationship. In addition, one email recovered showed that there was in fact an assault perpetrated by the complainant on the client at or near the time of the alleged charge of assault that S.S. was charged with. Detailed and lengthy cross-examination of the complainant over two trial days established that in fact the complainant had only provided the police emails that were favourable to her version of events. In fact the complainant did not disclose contradictory emails. In addition, Joseph Neuberger was able to establish that the couple argued via email and text message about almost every conceivable issue in their relationship without the complainant ever mentioning anything about any abuse. Many of the emails put to the complainant in cross-examination established that complainant held S.S. in high regard and was very thankful for his patience with her issues. As a result of the cross-examination, S.S. was found not guilty of all charges.
Client found not guilty of two counts of assault and two counts of sexual assault (Domestic related charges) after a 7 day jury trial in the Superior Court in Toronto. Client was alleged to have brutally assaulted and sexually assaulted his common law spouse over a period of three years. The prosecution called the complainant, the complainant’s mother in relation to timely disclosure to rebut allegations of recent fabrication and a counsellor who had seen S.N. during the relationship wherein S.N. had admitted to “hitting” the complainant. Defence lawyer Joseph Neuberger carefully analyzed all of the pleadings and affidavits in the family court proceeding. The complainant had made an allegation in the family court proceeding of a specific instance of child abuse that was reported to the police. Joseph Neuberger obtained all of the police records including the police notes through a Freedom of Information Act application. The records specifically refuted the allegation of child abuse. In addition, certain evidence of the complainant was in contradiction to other evidence gathered through the defence investigation. Defence lawyer Joseph Neuberger carefully constructed a detailed cross-examination of the two main prosecution witnesses, and through cross-examination was able to establish three instances of fabrication of allegations, and establish collusion between the two prosecution witnesses. Joseph Neuberger alleged in the defence that the complainant had fabricated the allegations in order to obtain sole custody of the one child of the marriage. Joseph Neuberger delivered a detailed two hour closing to the jury and after three hours of deliberations, the jury returned a verdict of not guilty on all counts. J.N. v. Durham Regional Police 2011
Durham Regional Police ordered to expunge record of a withdrawn domestic assault charge from their Criminal Information Request database. Neuberger & Partners appear before Ontario Superior Court on behalf of the Intervener Canadian Civil Liberties Association.
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.
