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Charge of sexual assault withdrawn in the Ontario Court of Justice prior to setting a trial date. The client was charged with allegedly sexually assaulting a young woman who was passed out and later died from a drug overdose. The police were called the next day when the young woman’s body was found and S.R.X. was interviewed and charged based on the content of his interview. Defence lawyer Joseph Neuberger obtained a copy of the client’s statement prior to the first set date and was able to conduct an early pre-trial with the assigned Crown. The statement was not admissible as it was very clear that S.R.X. was struggling during the interview to properly express himself in English and thus the statement ought to have been taken in Mandarin, the client’s first language. Further, when the client obtained legal advise from duty counsel, the advise was also provided in English and the client had expressed to the police that he did not fully understand what duty counsel had explained. As such, Joseph Neuberger was able to establish that the client did not obtain proper legal advise breaching his Charter right and that in any event the statement was so poor given the problems in language thus resulting in the Crown withdrawing the charge on the first appearance in court.