A man who pleaded guilty to committing an obscene act in public after being spotted by his neighbour has avoided a conviction.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
As heard in the Ballarat Magistrates' Court on Thursday, the man's adult neighbour was taking the bins out at their Mount Pleasant property in 2019 when they saw the man, whom The Courier has chosen not to name as he was not convicted.
They said they saw the curtains moving, then saw the naked man committing the act through his window - horrified, they took a photo, and some months later phoned police.
The man was later interviewed by police, denying the allegations, but according to his defence lawyer, this was a "significant wake-up call" - the man had been drinking heavily for years after a messy divorce, the court was told, and often walked around his house naked.
He has since sought regular counselling and has not touched alcohol since the beginning of 2020.
The court was also told this was the man's first encounter with police ever, and there had been no subsequent offending - he had also moved away from Mount Pleasant.
Magistrate Jonathan Klestadt said the offence of sexual exposure in a public place carried a maximum penalty of two years' imprisonment.
"That's how serious the conduct is, it's an affront against community standards, and damaging to vulnerable people," he said.
However, he noted the man's change in behaviour and continued counselling, and that there was no evidence the act was specifically directed towards his neighbour.
The man was fined $750 without conviction.
Have you signed up to The Courier's variety of news emails? You can register below and make sure you are up to date with everything that's happening in Ballarat.
