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Charges of Domestic assault x 6, Assault and Fail to Comply with bail x 4 withdrawn after extensive pre-trial defence disclosure and discussions with the Crown Attorney.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a determination that there was no reasonable prospect of conviction as against H.D. Accordingly, all charges were withdrawn in the Ontario Court of Justice.
Charge of Assault withdrawn prior to trial after defence counsel Joseph Neuberger conducted defence investigation yielding two defence witness statements that undermined the credibility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 As a result, the Crown had no reasonable prospect of conviction and the charge was withdrawn.
Charges of Criminal Harassment withdrawn prior to trial pursuant to negotiation with Crown regarding the reasonable prospect of conviction.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Charges of Aggravated Assault withdrawn at the preliminary hearing in the Ontario Court of Justice after detailed presentation of evidence undermining the evidence of the main Crown witness.
Charges of assault police officer x 2 withdrawn in the Ontario Court of Justice after directed challenge to the force used in apprehending the client.
Client found not guilty of sexual assault, sexual interference and invitation to sexual touching after a five day jury trial in the Ontario Superior Court of Justice. Detailed cross-examination by Joseph Neuberger of the Crown witnesses arising from extensive preparation proved effective in undermining the credibility of the complainant and the supporting Crown witness. A strong jury closing resulted in a jury verdict of not guilty within 1 hour 20 minutes of the jury deliberating.
Charge of sexual assault withdrawn at trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger aggressively pursued defence investigation on fabrication by the complainant. Crown withdrew as they had no reasonable prospect of conviction.
Domestic charges withdrawn in the Ontario Court of Justice pursuant to pressure by defence lawyer Ms. Stacey Nichols to assess the Crown’s reasonable prospect of conviction.
Client found not guilty of possession of a loaded handgun and carry concealed weapon after a two week jury trial in the Ontario Superior Court. our Defence lawyer advanced a duress argument, such that the client held the weapon under threat of death. After careful and detailed cross-examination of crown witnesses, which supported the behaviour of the client at the time of investigation and arrest consistent with someone who might have been frightened by a threat of harm, and a strong jury closing, the client was found not guilty of both charges.
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.
