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Charges of Public Mischief, Obstruct Peace Officer, Assault x 5 (Domestic), and Mischief Over $5,000.00 withdrawn in the Ontario Court of Justice. The client having went to the police to complain about her boyfriend’s assaultive conduct, was eventually charged by police after the police took a three hour statement from the boyfriend. The police and Crown alleged that the client intentionally made up the original allegation of assault. The client was charged with numerous assault offences, in addition to the public mischief and obstruct allegations. The boyfriend (complainant) had been in regular contact with the client by email and text messages. He continued to contact the complainant even after she was charged with the offences. He continued to call and harass her. Upon instruction by defence lawyer Joseph Neuberger, the client began to record the calls. In addition, Mr. Neuberger obtained all email and text messages prior to the allegations and after. In total there were over 300 email and text messages. Mr. Neuberger, along with his senior law clerk, reviewed each communication, and transcribed the telephone calls. Mr. Neuberger developed a binder of the communications, and developed a chart setting out all inconsistencies between the emails and text messages with the statement of the boyfriend/complainant. The emails and text messages, and the recorded calls, undermined the credibility of the boyfriend’s statement. The chart developed by Mr. Neuberger and his senior law clerk clearly established very critical and material inconsistencies. A further chart was developed by Mr. Neuberger with “consistencies” between the email and text messages and the statement of the client/accused. On November 26, 2009, the Crown indicated on record that there was no reasonable prospect of conviction, because of Joseph Neuberger providing a very thorough and detailed analysis of the evidence, all charges were withdrawn.
Charge of criminal harassment withdrawn in the Ontario Court of Justice. The client was charged by his former wife with allegedly making harassing phone calls and continuing to attend her place of employment. All of the calls were recorded by the complainant. Defence counsel Joseph Neuberger carefully transcribed and reviewed in detail each call. In addition, Mr. Neuberger obtained all family court documents, including the Affidavits of the complainant. Mr. Neuberger provided the Crown with a detailed analysis of the calls and the statement of the complainant with reference to the Family Court proceedings and Affidavits. As a result, the defence was able to establish that the client’s calls were in response to provocative and aggressive actions taken by the complainant, and as such the Crown agreed that there was no crime committed. Accordingly, the charge was withdrawn. The Crown commended Mr. Neuberger for his usual thorough analysis of the case, resulting in the withdrawal.
Charges of Assault (Domestic) x 2, and Mischief x 3, withdrawn at trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger established material inconsistencies between various statements made by the complainant that undermined the complainant’s credibility. The defence also established to the crown that defence witnesses were able to contradict the complainant’s evidence. As a result, all charges were withdrawn.
Charges of Assault (Domestic), Threaten Death and Mischief withdrawn at trial in the Ontario Court of Justice. Defence counsel Joseph Neuberger established that a particular Crown witness was not properly subpoenaed to court and without the witness, the Crown had no reasonable prospect of conviction. The inconsistencies between the complainant and the main Crown witness undermined the evidence for the Crown. As a result, all charges were withdrawn.
Charges of Sexual Assault x 3, Sexual Interference x 3 withdrawn at the preliminary hearing in the Ontario Court of Justice after detailed consideration of the evidence. Defence lawyer Joseph Neuberger persuaded the Crown that the evidence was weak with inherent contradictions. As a result all charges were withdrawn.
Client found not guilty of Threaten Death x 2, Assault (Domestic) and Weapons Dangerous after trial in the Ontario Court of Justice. The client was alleged, after having found his girlfriend with another man, to have threatened and assaulted his girlfriend and then threatened the other male. The client was also alleged to have grabbed a knife and acted in a threatening manner with the knife. After thorough cross-examination of the Crown witnesses by defence counsel Joseph Neuberger and credible evidence given by the client, all charges were dismissed by the trial judge.
Charges of Assault x 3 (domestic) were withdrawn in the Ontario Court of Justice after extensive pre-trial discussions with the Crown regarding the vagueness of the statement of the complainant. Based upon defence material provided by Joseph Neuberger the Crown agreed to withdraw all charges.
Client acquitted of sexual assault charge in the Ontario Court of Justice. The allegation involved sexual contact over a four hour period with an employee in a store. All sexual contact was alleged to have occurred in a back room with no surveillance cameras. The defence sought production of four hours of surveillance for the cameras in the store. Defence counsel Joseph Neuberger carefully analyzed the DVD surveillance recordings producing a detailed frame by frame and second by second chart outlining all actions of the client and the complainant. Through detailed examination, the defence was able to establish that the actions of the complainant did not match her story and all timing and details as provided by the complainant were contradicted by the recorded surveillance. As such, the client was found not guilty of the charge.
Charges of Assault with Weapon, Assault causing Bodily Harm, Utter Death Threats, and Possession of a Weapon for a Dangerous Purpose, all withdrawn at trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger persuaded the Crown that the inconsistencies in the statements of the Crown witnesses were extremely difficult to overcome. As such, all charges were withdrawn.
Uttering threats charge in Halifax. Neuberger & Partners appears in Halifax, Nova Scotia Court with client on Uttering Threats Charge, which was withdrawn as trial was to commence.
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.
