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Regina v. A.A.J. (2020)

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Six (6) charges of sexual assault alleged by the former girlfriend of client withdrawn in the Ontario Court of Justice, Collingwood. A.A.J. was in a relationship that was turbulent. The client had concerns about advancing the relationship and arguments were frequent about marriage. The client ended the relationship and asked for no more contact. The next A.A.J. was charged with six counts of Sexual Assault. Joseph Neuberger was hired at the criminal defence lawyer. Two detailed judicial pre-trial were held and Joseph Neuberger prepared a memo on reasonable prospect of conviction based on email and text communications from the complainant leading up to the day before the client was charged. Under the new 278 section of the Criminal Code, these messages would need to be vetted in a motion. Joseph Neuberger decided to draft the motion, with a detailed memo on how the messages undermine the statement of the complainant and provide all of the material to the Crown for review. The Crown determined that not only was there no reasonable prospect of conviction, the messages indicated that the complainant was stalking the client and was angry that he ended the relationship and charged him in revenge. A very clear case of false accusations. The Crown was excellent and open minded in the review. All charges withdrawn.

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