NSW Woman Who Coughed in Public Charged With Multiple Offences.

We have recently seen news that a woman from Cooma, New South Wales was arrested and charged with intentionally coughing at a person along with two counts of stalking/intimidating behaviour, along with contravening a public health order issued in relation to the Coronavirus pandemic.

While this kind of behaviour may have been considered less serious in the past, the situation that coronavirus has brought upon us has made this story headline-worthy in many major publications.

Her case is still being investigated and is before the Courts. However, you can read more about her story in the sections below.

The Coughing Incident

According to reports, a 41-year-old woman was walking south on Sharp Street, Cooma on the morning of April 1st, 2020. She allegedly stepped in front of another woman, coughed in her direction, and proceeded to do the same to other people down the street.

Police were called to the scene to apprehend the woman. She was taken to the local police station and was later charged with stalk-intimidate and failure to comply with a public health directive.

We understand that the woman has since been refused bail.

What the Law States

To fully dissect this case, we need to tackle the two offences separately.

Let’s take a look at the first offence pertaining to a breach of the public health order.

The Australian government has understandably imposed restrictions on social gatherings before this incident took place due to COVID-19. The woman was in a public place and was allegedly deliberately coming into close contact with strangers in a “confrontational or aggressive” manner. This was according to the police and the documentary evidence they had gathered.

This conduct may be a violation of the ministerial health directions. If found guilty of an offence, she may face the penalties outlined under Part 8 Division 3 of the Public Health Act 2010 No 127.

The woman’s actions may have led to her being charged with stalking or intimidation pursuant to Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The punishment for this type of charge, upon conviction, is a maximum of up to 5 years imprisonment.

However, had she been infected with COVID-19 and known about it—which we do not know for certain at this time—her endangerment of the public could have been quite serious.

What This Means For You

The case of the coughing woman demonstrates that the reality we are all facing is one where threats to our health can present themselves in any type of situation. Surprisingly, her story is not an isolated incident. Many other reports from around the country indicate that this type of behaviour is more common than we’d like to imagine.

It is important for you to be mindful of your health as your number one priority. In addition to that, you should also know that anyone who poses a risk to your wellbeing can be subjected to legal action by police.

Conclusion

If you need legal advice, or even if you have been charged with breaching a public health direction or stalking or intimidation, please don’t hesitate to contact us. We are leading criminal lawyers serving Canberra, Wollongong, Goulburn, Queanbeyan and surrounding locations in Australia. Get in touch with us today if you need our help.