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Client found not guilty after trial in the Ontario Court of Justice of Sexual Assault and Sexual Exploitation. The complainant and the client were known to each other only through the accused provision of transportation services for the complainant. The complainant alleged that Mr. A.M. had sexually assaulted her during transport one morning. Detailed defence investigation about the timing of the alleged sexual assault established that during the time frame that the complainant stated the sexual assault occurred, A.M. never drove the complainant in the mornings. Records obtained by defence lawyer Joseph Neuberger undermined the timing of the allegations. Other detailed defence preparation established material inconsistencies in the complainant’s identification of A.M. Accordingly, A.M. was acquitted of all charges.
Client acquitted of Intimidation x 3, Criminal Harassment x 3, Utter Death Treats, and Assault (Domestic) after two day trial in the Ontario Court of Justice. Detailed and vigorous cross-examination of the complainant with the use of prior statements, including birthday cards, Valentine’s Day cards and other related writings, resulted in undermining the credibility of the complainant. Defence lawyer Joseph Neuberger cross-examined the complainant for the better part of four hours yielding numerous inconsistencies and successfully developed the defence. As a result the client was found not guilty of all charges.
Charges of assault and assault bodily harm withdrawn prior to the commencement of the trial as a result of the defence investigation producing contradictory evidence to the complainant’s versions of events, including obtaining an expert dental report establishing that the alleged injury could not have been caused by the client. Defence lawyer Joseph Neuberger obtained detailed statement from a witness that again undermined the evidence of the complainant. As such, all charges were withdrawn.
Charges of criminal harassment and assault withdrawn in the Ontario Court of Justice after detailed defence investigation establishing that the complainant fabricated the allegations.
Charges of Domestic assault x 6, Assault and Fail to Comply with bail x 4 withdrawn after extensive pre-trial defence disclosure and discussions with the Crown Attorney. The prosecution evidence alleged that the client, during the course of committing an assault on his wife, also self-inflicted head and facials injuries (on himself) for which he sought to blame one of the complainant’s witnesses as the perpetrator. The investigating police officers viewed the injuries to H.D. (Client) and determined that they were self-inflicted. Defence lawyer Joseph Neuberger commenced an investigation into the reasons for the complainant to fabricate the allegations. Joseph Neuberger retained three medical experts and obtained opinion evidence that the injuries sustained by his client were not self-inflicted. As well the injury sustained by the complainant was not consistent with her description of how she stated that she was assaulted. In addition the defence obtained defence witness statements undermining the stories of the Crown witnesses. All defence evidence was presented in a defence forensic binder put together by Joseph Neuberger. The defence evidence compelled a determination that there was no reasonable prospect of conviction as against H.D. Accordingly, all charges were withdrawn in the Ontario Court of Justice.
Charge of Assault withdrawn prior to trial after defence counsel Joseph Neuberger conducted defence investigation yielding two defence witness statements that undermined the credibility of the complainant. As a result, the Crown had no reasonable prospect of conviction and the charge was withdrawn.
Charges of Criminal Harassment withdrawn prior to trial pursuant to negotiation with Crown regarding the reasonable prospect of conviction.
Client acquitted of Domestic Assault in the Ontario Court of Justice pursuant to comprehensive cross-examination of Complainant and detailed presentation of defence evidence.
Charges of Aggravated Assault withdrawn at the preliminary hearing in the Ontario Court of Justice after detailed presentation of evidence undermining the evidence of the main Crown witness.
Charges of assault police officer x 2 withdrawn in the Ontario Court of Justice after directed challenge to the force used in apprehending the client.
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.
