The accused was tried on a single count of assaulting a peace officer arising from a verbal confrontation with an officer performing paid duty traffic control after a baseball game.
The case turned entirely on credibility and reliability, with the defence alleging fabrication and arguing that the accused only spat on the ground.
Applying the W.(D.) framework and the reasonable doubt standard, the court accepted the officer’s evidence as credible, found the accused understated her intoxication and combative conduct, and rejected the defence account.
The court concluded the Crown proved beyond a reasonable doubt that the accused deliberately spat on the officer and found her guilty.
