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Regina v. A.B. (2016)

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Charges of Domestic Assault and Utter Death Threats were withdrawn after extensive pre-trial discussions with the Crown. A.B. and the complainant, had separated about three months before the allegations were made. On the day the complainant attended the police to give a statement, A.B.’s family law lawyer had provided a letter to the complainant denying her to remove their child from Toronto. There were email exchanges between the complainant and A.B. that clearly showed the complainant was very angry that she could not remove the child from Toronto. Within a hour after receiving the letter the complainant attended police and provided a statement that some years ago A.B. had assaulted her and that this day A.B. had threatened to kill her. A.B. was arrested, and charged. Family law counsel for A.B. brought a motion to court to prevent the complainant from removing the child from Toronto. The motion was granted. Defence lawyer Joseph obtained all of the family court documents, emails between the complainant and A.B. and some past recorded arguments in which the complainant made serious threats of violence. Defence lawyer Joseph Neuberger disclosed all of the information to the Crown. After several pre-trial discussions, including providing the Crown with an outline of inconsistencies in the complainant’s statement, the Crown agreed to withdraw all charges.

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