← More Recent Successes success stories

Client found innocent of domestic charges of Assault Causing Bodily Harm, Threaten Death x 2, and Disobey Court Order x 2 after a four day trial in the Ontario Court of Justice. The complainant had charged T.G. on two prior occasions both of which resulted in withdrawals. The complainant alleged in February of 2011 that T.G. committed a brutal assault five days after she was removed from the home owned by T.G. by police. Defence Lawyer Joseph Neuberger brought an abuse application for a stay of proceedings alleging that the Crown ought to have withdrew the charges based on the lack of credibility of the complainant and thus an improper assessment of reasonable prospect of conviction. In addition, actions taken by the complainant and the police after the laying of the charges were quite abusive. For example, the complainant alleged that T.G. had stolen a bed that belonged to the complainant for their son. The complainant produced an invoice dated June 9, 2009. Based on the receipt police attended the client’s mother’s home and essentially threaten charges unless she would turn over the bed to the complainant. Under cross-examination, Joseph Neuberger asked the complainant to identify the date of the invoice which was June of 2009 and then to read out the price paid. The price paid clearly stated a number including HST. HST only came into effect in July of 2010. The invoice had to have been made up by the complainant and the officer who acted on the invoice clearly paid no attention to whether the invoice was authentic. Detailed cross-examination by Criminal Defence Lawyer Joseph Neuberger yielded countless inconsistencies and implausible answers that led the Judge to find T.G. innocent and to completely reject the evidence of the complainant. For details of the abuse application see below.
Click Here To Read the Abuse Application