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Regina v. P.S. (2020)

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Charge of Sexual Assault withdrawn prior to setting a trial date, Toronto. P.S. was married to the complainant for a short-term. It was an arranged marriage and upon immigrating to Canada multiple arguments arose regarding the relationship and finances of the marriage. On the date of separation, the complainant contacted police and alleged a historic sexual assault from earlier in the marriage. Joseph Neuberger and Yuvika Johri were retained as the defence lawyers. Upon receiving the disclosure, the statement of the complainant demonstrated more concern over insignificant issues in the marriage than the sexual assault. During the criminal process, the complainant retained a family lawyer, and in the correspondence a demand for a lump sum was sought along with reference to the criminal charges. The client was referred to a family lawyer, and a defence on both fronts was marshalled. After some defence disclosure of information received through the family court process, extensive pre-trials took place and ultimately it was determined that the charge ought to be withdrawn in exchange for the client signing a common law peace bond. As such, the charge was withdrawn.

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