Perjury, Impersonation, Public Mischief, Mischief to Property and Breach of Court Orders

Regina v. K. M. (2014)

The client was orginally charged with numberous domestic related offences. Those charges were withdrawn at trial. However, the client was also charged with two counts of breach of his bail, in particular having contact with the complainant. Defence lawyer Joseph Neuberger drafted a detailed chart setting about all of the inconsistencies in the complainant's evidence. In addition Defence lawyer Joseph Neuberger took statements of from three defence witenesses who were in the area when the two alleged breaches occurred. These statements directly contradicted the complainant's version of events. The matter was set down for a two day trial, but after considerable discussion with the Crown, the charges were withdrawn.

Regina v. M.K. (2013)

Client charged with Fail to Comply with Bail found not guilty after trial in the Ontario Court of Justice. The client who had worked for a jewelry store was originally charged with allegedly plotting to kill a rival owner of a store in the same plaza. After the main charges were withdrawn, M.K. was charged with allegedly breaching bail by walking by and standing near the complainant's store. Defence lawyer Joseph Neuberger challenged the legal validity of the charge on the basis that the evidence did not even disclose an offence as M.K. by a bail variation was allowed to "walk by" the store. The Crown attempted to argue that "walk by" meant not stopping. This argument was rejected by the court and the client was found not guilty.

E(B) 2012

Client was charged with Mischief Over $5000.00 from the Toronto G20 Conference in 2010. Neuberger & Partners brought Charter Application at trial to exclude evidence which was granted. The Court found that the Toronto Police conduct in arresting the client had the airs of the worst of fascist states.

Regina v. N.D. (2012)

Charges of Fail to Comply with bail order x 2 withdrawn in the Ontario Court of Justice, Oshawa. The client was a young person charges with various drug offences and while on release was alleged to breached his bail by staying out at night beyond his curfew and to have been in possession of a small amount of marijuana. Defence lawyer Joseph Neuberger was able to arrange for a complete withdrawal of the initial drug charges and then after sending N.D. for drug abuse counselling, was able to negotiate a withdrawal of the fail to comply charges because of the positive counselling report. As such, all charges were withdrawn.

Regina v. I.C. (2011)

Charge of impersonating a police officer withdrawn at trial as a result of defence lawyer Joseph Neuberger proving, in cross-examination of the main Crown witness, motive to fabricate the evidence. The client was alleged to have identified himself as a police officer and to have flashed a police business card. The witness and his spouse in fact were under investigation for insurance fraud. The client was working for the insurance company. Once the investigation was established and that the witness knew that I.C. was working with the insurance company, the Crown determined that there was no reasonable prospect of conviction and withdrew the charge.

Regina v. R.S.A. (2010)

Charges of Swearing False Affidavit and Utter Forged Document withdrawn in the Ontario Court of Justice. The client was charged with swearing and procuring a false affidavit that was tendered before a Justice of the Peace in order to re-open a trial. Defence lawyer Joseph Neuberger after a careful and detailed review of the evidence, including the lack of expert evidence to identify the signatures on the impugned documents, was able to negotiate a withdrawal of all charges.

Regina v. Z.H. (2010)

Client’s charge of perjury was withdrawn in the Ontario Court of Justice, Toronto. The client was charged with perjury after testing as potential surety in a bail hearing. Client questioned by Crown Counsel on a past alleged conviction. After reading the affidavit of the client, the Crown searched the name of Z.H. in the police information system and came up with a purported prior conviction with a jail sentence. Crown counsel then cross-examined Z.H. at the bail hearing. After Z.H. denied the prior conviction, he was arrested for perjury. Client was held for bail and then released. Defence counsel Joseph Neuberger sought from the Crown, by way of disclosure, a statement from the Crown as to when the client’s name was searched, why, and why was the details not disclosed prior to Z.H. testifying. In addition, information was sought on the Crown policy to disclosing information obtained on a search of a potential surety. Joseph Neuberger took the position that if the Crown had obtained such information, whether it was accurate or not, that information had to be disclosed prior to any questioning of the surety. As such, the charge against Z.H. was withdrawn.

Regina v. J.J. (2010)

Client’s charges of mischief and cause disturbance withdrawn in the Ontario Court of Justice, Brampton. Client was on a flight home from Jamaica when after a little too much rum, the client became embroiled in an argument with a less than customer friendly flight attendant. The allegations included damage to property and loud and disruptive behaviour. Defence counsel Joseph Neuberger sought disclosure of the employment records of the flight attendant in question, and the other attendants who were working on the flight. In fact, information revealed that there had been prior problems with staff. After negotiation, the charges were withdrawn.