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Sexual Assault, Domestic Assault, and Other Violent Crimes

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Sexual Assault, Domestic Assault, and Other Violent Crimes

Regina v. De Karic (2008)

Client found not guilty of charges of domestic assault and assault bodily harm in the Ontario Court of Justice after vigorous defence by Joseph Neuberger including careful attention to the set date phase of the proceedings and the lack of evidence to substantiate the charge.

Regina v. Szymanski (2007)

Charges of Sexual Assault and Assault discharged at the Preliminary hearing in the Ontario Court of Justice after extensive and detailed cross-examination of the Crown witnesses including undermining the credibility of the complainant, and establishing that the complainant had motive to fabricate.

Regina v. C.S. (2007)

Charge of Assault withdrawn prior to trial after Joseph Neuberger established that accused was assaulted first and sustained injury caused by the complainant.

Regina v. Kovachev (2007)

The client was charged with 4 counts of sexual assault and sexual interference. Four day trial in the Ontario Court of Justice before Justice Campling. Client was acquitted of all charges.

Regina v. Johnston (2007)

Charges of domestic assault, threaten death and careless storage of ammunition withdrawn in the Ontario Court of Justice after defence investigation into complainant’s attempts to extort a financial settlement in the Family law proceedings. Defence counsel Joseph Neuberger retained the services of a private investigator and obtained statements and a recording of voice message left that seriously undermined the credibility of the complainant. As a result, the domestic assault and threatening allegations were withdrawn prior to trial.

Regina v. A.S. (2007)

Client found not guilty of sexual assault, sexual interference after a three day trial in the Ontario Court of Justice. Detailed and vigorous cross-examination of the complainant undermined the reliability of the evidence of the complainant. The trial judge accepted defence counsel Joseph Neuberger’s submissions on the lack of plausibility of the various allegations. Accordingly, the client was acquitted of all charges.

Regina v. Hassen (2007)

Client found not guilty of sexual assault by a jury after counsel’s thorough cross-examination of complainant revealed contradictions and inconsistencies in the Crown’s evidence.

Regina v. P.M. (2007)

After trial, client found not guilty of domestic assault charges arising from York Regional Police investigation in Newmarket.

Regina v. W.W. (2007)

Client found not guilty of sexual assault x 2, sexual interference x 2, arising from historical sexual assault allegations in the Superior Court of Justice after a three day trial. At the preliminary hearing, detailed and comprehensive cross-examination produced transcripts of evidence that provided fruitful support for the defence theory at trial. During the Superior Court trial, defence counsel Joseph Neuberger relentlessly cross-examined both complainants on all aspects of their evidence including inconsistencies generated by the transcripts from the preliminary hearing and video taped statements. Through cross-examination the defence theory was put to each witness. At the end of the cross-examination of both complainants, the Crown conceded that there was no longer any reasonable prospect of conviction and directed the court to dismiss all four charges.

Regina v. D.V. (2007)

Charges of Sexual Assault and Gang Sexual Assault stayed at the preliminary hearing in the Ontario Court of Justice. Relentless defence requests by Joseph Neuberger for detailed disclosure, and comprehensive examination of the Crown evidence resulted in the Crown being delayed in providing the case to the defence. By the time of the preliminary hearing, with the significant delay, inconsistencies in the Crown’s evidence and the use of forensic evidence supporting the client’s denial of the allegations resulted in the charges being stayed.

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.

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