Criminal Defence Lawyer Joseph Neuberger and YouTube personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their case loads and what really goes on behind the scenes. A behind the scenes inside look into the real court room drama.
EP#232 | Hidden Reasons to Lie: How Courts Weigh Credibility in Sexual Assault Cases
In Episode 232 of Not On Record, criminal defence lawyer Joseph Neuberger and Yuvika Johri look at how courts handle motive to fabricate in sexual assault cases. They walk through the Ontario Court of Appeal's decision in R v JC (2021 ONCA 131) and its two rules: the rule against ungrounded common-sense assumptions and the rule against stereotypical inferences. They also cover R v JL (2018 ONCA 756), R v Nyznik (2017 ONSC 4392), R v Batte (Ont CA, 2000), R v LL (2009 ONCA 413), and the recent R v EO (2026 ONCA 575), where the court dismissed an appeal from convictions over non-consensual slapping during otherwise consensual sex. This is commentary and analysis, not legal advice.
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19 Oct 2026
EP#231 | Drunk, Drugged or Incapable? Sexual Assault Law; USA vs Canada
EP#231 | Drunk, Drugged or Incapable? Sexual Assault Law; USA vs Canada
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Neuberger & Partners
HIGHLY EXPERIENCED AND SKILLED TORONTO
Criminal Defence Law Firm
https://nrlawyers.com/
In Episode 231 of Not On Record, criminal defence lawyer Joseph Neuberger is joined for the first time by Yuvika to examine the Jane Doe civil lawsuit against Cornell University and a fraternity chapter arising from 2024 allegations of sexual assault. Using the case as a backdrop, they compare New York’s approach to capacity to consent where voluntary intoxication does not itself establish incapacity unless the complainant is unconscious or physically helpless with Canada’s broader framework under Criminal Code section 273.1 and leading decisions such as R v GF (2021 SCC), R v Alrawi (2018 NSCA 10), and R v Ryu (2025 SCC 34). The discussion covers the practical differences for sexual assault prosecutions, myth-based reasoning, and why these distinctions matter, while carefully distinguishing allegations from established facts.
12 Oct 2026
EP#230 | Eight and a Half Years in Prison: Sean Parker on His Case and the UK Justice System
EP#230 | Eight and a Half Years in Prison: Sean Parker on His Case and the UK Justice System
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Should an accused person testify in their own defence, even when cross-examination could expose them to difficult questions?
In Episode 230 of Not On Record, hosts Joseph Neuberger, Michael Bury and Diana Davison speak with British artist, writer and musician Sean B.W. Parker about his book, Magnolia Graffiti, which chronicles his experience of conviction, imprisonment and the British criminal justice system.
Parker discusses his account of the allegations against him, the decisions made during his trial, his reasons for not testifying, and the challenges of maintaining his innocence while incarcerated. He also reflects on his experience with the appeals process and the personal impact of spending eight and a half years in prison.
The conversation explores broader questions about criminal defence strategy, jury selection, cross-examination, sexual assault proceedings and the difficulties faced by people who maintain their innocence following conviction.
The hosts conclude with a discussion of the decision to testify in one’s own defence, including why explaining a speech impediment to a jury may be an important consideration when preparing an accused to give evidence.
In this episode:
- Sean Parker’s book, Magnolia Graffiti
- His account of the allegations, trial and conviction
- The strategic decision not to testify
- Speech impediments and the challenges of cross-examination
- Jury selection in the UK and Canada
- Maintaining innocence while incarcerated
- Appeals and the criminal justice system
- Lessons for criminal defence lawyers and accused persons
Guest: Sean B.W. Parker
Book: Magnolia Graffiti
Subscribe to Not On Record for discussions about criminal law, courtroom strategy, controversial cases and issues affecting the Canadian justice system.
Reach and audience
Public platform figures. Ratings count people who left a rating, not total listeners.
Apple Podcasts (US)
5.0 / 5
8 ratings
Spotify
4.8 / 5
30 ratings
Podcast Authority Score: 54 / 100
A composite of feed quality, social presence, YouTube performance and engagement. Read the methodology.
Quality
71
Social presence
0
YouTube
0
Engagement
90
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