← More Recent Successes success stories

Charge of Aggravated Assault withdrawn prior to jury trial, Kingston. The client was in a bar and was surrounded by a group who were intoxicated and after some words back and forth racial slurs were directed at C.H.L. and one member of the group approached C.H.L. and in reaction C.H.L. punched the complainant. Police were called and the client was charged. There was a video of the incident taken by a friend of the complainant that was shown to police. Joseph Neuberger was retained as the Criminal Lawyer to defend C.H.L. Joseph Neuberger conducted a preliminary hearing and cross-examined all of the members of the group including the complainant. The video in fact supported the defence position as the explanation for making the video was that the friend wanted a video record in case there was a fight. That was dealt with in cross examination as if anyone was worried about an altercation, the best action is to leave or step in to stop the altercation rather than record it. The video when played several times has no sound but demonstrates 90 seconds of the group taunting C.H.L. In addition, Joseph Neuberger, collected data of racial incidents in Kington and at the particular university supporting the fear of the client that he was going to be assaulted. A forensic psychologist was hired to assess the client which determined the client had experienced trauma from numerous racialized incidents. The defence put forth was self-defence. As the jury trial approached detailed discussions ensued and it was agreed that it was not in the public interest to prosecute the case and as such the charge of Aggravated Assault was withdrawn. Of note is the fact that there is a legitimate argument for someone who is experiencing verbal racial assaults may in the moment, in particular if surrounded by a group, to fear for their safety and act in a manner to protect themselves that comes within the self-defence law in Canada.