A New Brunswick court has given an absolute discharge to a woman who was initially sentenced to a year of probation for mooning her neighbours.
Laura Boehler, 60, was charged with committing an indecent act after the court heard she exposed her buttocks on July 3, 2016 to her neighbours who she had been feuding with.
Boehler initially pleaded not guilty, but later changed her plea to a guilty one. She was then sentenced to a year of probation and was barred from contacting her neighbours.
She later appealed the conviction to the Court of Queen’s Bench, hoping to either withdraw her guilty plea, or to have her sentence changed. A judge dismissed her appeal in August 2018, saying it would not be in the public interest to grant Boehler a discharge.
Boehler then appealed the ruling further to the New Brunswick Court of Appeal, which released a new decision Thursday, according to a story in the Daily Gleaner.
New Brunswick’s top court granted her an absolute discharge, meaning her conviction will be erased from records.
The Court of Appeal said that if the original judge had considered a number of mitigating circumstances, which Boehler was prevented from presenting, he would have also granted the discharge.
“Ms. Boehler is a middle-aged woman with no criminal record… the indecent act for which she has acknowledged her guilt was committed impulsively as a reaction to what she perceived as provocation,” the decision said. “In the circumstances, there is no basis to find it contrary to the public interest to discharge Ms. Boehler absolutely.”