← More Property Crimes, Possession of Stolen Property and Proceeds of Crime success stories

Client found not guilty by reason of mental disorder of charges of Mischief Endanger Life x 2, Possession of Cocaine x 2, and Fail to Comply in the Ontario Court of Justice. The client had been unwell for several years and was untreated. While at his apartment, the client cut the safety ropes to construction scaffoldings outside his balcony, causing the entire structure to fall to the ground and present a hazard to the construction workers. In addition, when investigated, the client was found to be in possession of cocaine. Defence lawyer Joseph Neuberger hired a forensic psychiatrist to assess R.S.D., and as a result, it was found that R.S.D. was suffering from schizophrenia and at the time heard voices that caused him to be confused and unaware that his actions or illegal. After trial, the Judge accepted the defence and found R.S.D. not guilty by reason of mental disorder.

Charges of theft x 2, withdrawn prior to setting trial date. The client was alleged to have stolen electronic devices from a colleague at work, and while at an electronics store. Defence lawyer Joseph Neuberger was able to establish that there was no direct evidence of the client stealing and based upon video surveillance, there was not exclusive opportunity. In addition, evidence seized from the client was done in breach of the client’s Charter right to be free from unreasonable search and seizure. Accordingly, the charges were withdrawn.