Crown had appealed Justin Penton's acquittal for the second time
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“To disturb a user of a public place does not amount to a disturbance unless there is an interference with the ordinary and customary conduct or use of the place,” Justice Gale Welsh wrote in the decision, to which Justice Francis O’Brien and Justice Frances Knickle agreed. Gillis filed a report with the Royal Newfoundland Constabulary after it encouraged her to do so, having seen a tweet she had made about the incident with a photo of the truck’s licence plate.
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