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A lady who was convicted of deliberately coughing on a grocery retailer employee in 2020 has had their conviction quashed, after a B.C. Supreme Court docket decide dominated the trial decide erred in not permitting a personality witness.
As a result of the lady has served six months of her 18-month probation, the B.C. Supreme Court docket decide determined to not maintain a retrial, and as a substitute enter an acquittal verdict regardless of “an inexpensive chance of convictions on a retrial.”
In April 2023, Kimberly Woolman was discovered responsible of 1 depend of inflicting a disturbance and two counts of assault for an incident in a Save On Meals in Campbell River.
Woolman was discovered to have entered the grocery retailer in April 2020 and shouted about how COVID isn’t actual when confronted with the shop’s pandemic procedures. When staff tried to take away her from the shop, she forcibly coughed within the face of a supervisor. She then pushed a purchasing cart into one other worker.
READ PREVIOUS: Campbell River woman guilty of assault for coughing on grocery store employees in 2020
Justice Douglas Thompson notes within the trial that the Crown’s case included proof from the 2 assault complainants, three different retailer staff and a few video recordings.
Woolman was briefly represented by a lawyer, then discharged the lawyer and self-represented after that time. Shortly after dispelling her authorized counsel, she suggested she wished to name a personality witness.
Crown counsel stated the character witness could be irrelevant, and the decide dominated in opposition to admissibility.
Thompson discovered the decide erred on this, stating a personality witness might have testified whether or not she was a peaceful individual, whether or not she was shouting and whether or not the functions of power within the assault costs had been intentional.
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