A Canadian Jerkoff
by POKO on Jan 29th, 2005 07:29 AM
Really, it was a Canadian Jerkoff. And it happened in British Columbia. The full item follows:
Masturbating Canadian wins court challenge
Thu Jan 27, 4:01 PM ET
OTTAWA (Reuters) - A Canadian who masturbated at a window in his house has won his appeal against a conviction for indecency after Canada's top court ruled there was no evidence of intent to commit an indecent act, and a home was not a public place.
The Supreme Court of Canada noted that British Columbian, Daryl Clark, had agreed it was an indecent act to have masturbated "in an illuminated room near an uncovered window visible to neighbours."
But Justice Morris Fish, writing the 9-0 decision, said such acts have to be done in public places to be a crime -- and a home was not a public place. The law also says indecent acts are only crimes in every location if the person intends to give offence.
Clark was convicted of an indecent act in a public place and given a four-month sentence after a prosecution that followed complaints from his neighbour, named in court documents only as Mrs. S.
The woman said she spotted Clark while she was watching television with her two young daughters in their family room.
She alerted her husband, and the couple observed Clark from their darkened bedroom for 10 or 15 minutes -- also using binoculars and a telescope -- before summoning the police, who said the upper part of Clark's body was visible from just below the navel.
"In my respectful view, the trial judge ... erred in concluding that the appellant's living room had been converted by him into a public place simply because he could be seen through his living room window and, though he did not know this, was being watched by Mr. and Mrs. S. from the privacy of their own bedroom 90 to 150 feet away," Fish wrote.
The supreme court ordered that Clark be acquitted.
Strange that Mrs. and Mr. S. are so well equipped with binoculars and a telescope in their family room. Maybe they are involved in Neighborhood Watch.
If I lived in that neighborhood, I'd be checking for bugged phones and making sure nobody ever got close to my collection of Scientific American magazines and my other books with pictures of vaginas, breasts, and erect penises - you know, the encyclopedia.
