Canadian masturbator goes before Supreme Court

[zzyzzx]

Canadian masturbator goes before Supreme Court
Supreme court to hear masturbator case
October 27, 2004

OTTAWA (CP) -- Canada's top court will be asked to decide whether public indecency can begin at home.

The bizarre case of a B.C. man convicted of masturbating in a public place -- his own living room -- will be heard Tuesday at the Supreme Court of Canada.



Daryl Clark was convicted of the offence after a neighbour spotted him manually stimulating himself in his house in Nanaimo.

It was dark and after 9 p.m. on Oct. 28, 2000.

A mother watching TV with her young children about 15 metres away could see Clark through her sliding glass doors.

She moved to a darkened bedroom to get a better view. Convinced that Clark was masturbating, she called to her husband.

He described the scene as "like having a spotlight on a person on a stage. He was lit up, completely visible, quite amazingly visible," says a court summary of the case.

The couple concluded that Clark was moving from side to side to maintain his view of something. They became alarmed that he was looking at their children and moving as a tree branch blocked his view.

The couple, who cannot be identified because of a publication ban, called police. An officer witnessed the same behaviour, and flickered his flashlight at Clark's window to get his attention.

Clark stepped back and immediately turned off his living room lights.

He was convicted of wilfully committing an indecent act in public and sentenced to four months in jail.

The high court will be asked how a "public place" as defined in the criminal code should be interpreted.

Several other offences, including disorderly conduct and displaying an indecent exhibition, could be affected.

Also at issue is the legal test for defining when an act should be considered to have been wilfully committed in public. In other words, at one point should Clark have realized that he was likely to be seen by someone outside?

Clark won't be in court Tuesday, said his lawyer, Gil McKinnon.

He'll argue on Clark's behalf that lower courts were wrong to conclude his client meant to turn his private room into a public stage.

McKinnon would not comment on Clark's occupation, his age, or whether he has a prior record. His appeal was dismissed last year by the British Columbia Court of Appeal.

[CoasterCreator]

DAM ...they should do like in the movies Porkys ..have a line up of male body part ( peckers ) so it can be identified

[richdvd]

What an idiot.
If he wants to stroke the salami,the judge should throw him in the can for a few years and then he can have all the privacy he wants.

[Doramius]

He was in his house. If you don't want to see it, look away or close your blinds. The wife went to another room to get a better view. I would almost call that stalking or invasion of privacy. If I feel like strutting around my house stark naked with the blinds open, I'm damn well going to do it. The guy wasn't at the window of his neighbors house jacking off in front of it and blowing his wad all over their shutters.

[JohnnyCNote]

I've heard of people being arrested for public lewdness for doing this sort of thing in their homes. Usually when they're as visible as this guy was it's entirely intentional. How hard would it be to close the curtains?

In any event, these days it's not a good idea as the general public tends to be very intolerant of such things, given all of awareness of sexual predators, etc.....

[Ironballs]

Clark won't be in court Tuesday, said his lawyer, Gil McKinnon.

Too busy spanking the monkey, I bet

[richdvd]

If you leave the curtains open, there isn't much difference if you are doing it in your house or in the front yard. I would be pretty disturbed to look out my window and see my neighbor givin' er.

[northcat_8]

Daryl Clark = Grimey

Actually this story reminds me of a joke:

An old woman called the police and stated that they could see a young couple having sex out of her window. The cop showed up, looked out the window and said "I don't see anything." The old lady replied, you have to stand on the chair.

[Capmaster]

What an idiot.
If he wants to stroke the salami,the judge should throw him in the can for a few years and then he can have all the privacy he wants.

And all the sex partners he'd ever want ...never mind the bishop ...he can have Marty The Maniac

[jimmalenko]

He was in his house. If you don't want to see it, look away or close your blinds. The wife went to another room to get a better view. I would almost call that stalking or invasion of privacy. If I feel like strutting around my house stark naked with the blinds open, I'm damn well going to do it. The guy wasn't at the window of his neighbors house jacking off in front of it and blowing his wad all over their shutters.

What he said. In no way is my house public property. It is probably morally wrong, but not legally AFAIK.

[ViRaL1]

If you can see his TV while he's watching a movie, does that count as a public presentation? Would he be fined? The fact that she had to go someplace else to get a better look doesn't lend much credence to the 'public' part. Maybe the guy's a perv, who gives a f**k? IF they could show that he was actually trying to be noticed, I might have a little more sypmathy for the woman who saw him.

[JohnnyCNote]

If it happened just once, then it could be carelessness, but if he has a history of exposing himself, then it would be pretty clear it's intentional...

[glockjs]

She moved to a darkened bedroom to get a better view. Convinced that Clark was masturbating, she called to her husband.

seriously

[Grimey]

Daryl Clark = Grimey

i'm not telling....

[mrtristan]

I hope he counter sues and wins. I disagree with his actions, but the man was in his own home. I don't see any way a person's own home could be construed as a public place.

Maybe the Canadian police should arrest people for smoking in their own homes, as well. When the nosy neighbors come over and spy, they might be affected by the second hand smoke.

[JohnnyCNote]

I've done a bit of research on sexual predators, and many start as exhibitionists or peepers, or otherwise engage in inappropriate sexual behavior. If it was an honest one time mistake, then he should be more careful next time. But if it's part of a pattern, then it's a definite red flag.

What if you had kids, would you care for them to see a neighbor engaging in sexual activity in plain view, even if he or she was inside the house? The vast majority of places would prosecute anyone for such displays. While the act may be commited inside the home, the fact that it's visible outside places it in public view.

It's similar to playing loud music or having a rowdy party. While the activity may occur inside one's residence, the noise extends beyond its boundaries and enters into others' homes.

The bottom line is that you can get arrested for engaging in sexual activities if they're clearly visible from outside the home, like through an open window, and you won't find much sympathy in the community. It's easy enogh to close the curtains or blinds, or hang up a sheet or something. Why would anyone want people to see it anyway?

[VCDHunter]

What a wanker

[zzyzzx]

Daryl Clark = Grimey

i'm not telling....

I was wondering how long it was going to take you to post bail.

[zzyzzx]

Looks like his escape attempt failed:

Naked Man Climbs Onto Moving Jet

LOS ANGELES (Reuters) - A Canadian man, angry that he was refused a plane ticket to Australia at Los Angeles International Airport, stripped naked, sprinted across the tarmac and climbed into the wheel well of a moving jumbo jet, officials said on Wednesday.

Pilots of the Qantas Airways flight stopped the plane. The man was coaxed out of the wheel well and arrested for trespassing, said airport spokeswoman Nancy Castles.

"This was an extremely dangerous thing for him to do. If he had continued to cling in there with the aircraft taking off at over 200 miles (320 kph) per hour, he might have fallen out and could have been sucked up by an engine," she said.

"If he had survived that and was in the wheel well when the landing gear was retracted, he could have been crushed by the mechanism. And if not he very likely would have frozen to death during the 15 1/2 hour flight at 30,000 feet while wearing no clothes."

The man, Neil Melly, 31, tried to buy a one-way ticket on the Qantas flight on Monday evening, but was turned down because he could not supply a valid credit card, Castles said.

Later, he managed to climb over an airport fence, topped by three strands of barbed wire, without injury and was spotted by a ramp worker "running, naked, full-speed" toward the plane.

Castles said a check by authorities found that Melly had been reported missing to the Royal Canadian Mounted Police and was suffering from bi-polar disorder, a manic-depressive illness.

[SquirrelDip]

A friend of mine was living on an upper floor in an apartment in Toronto. On numerous occasions he noticed an individual on a similar floor in the apartment across the street “pleasuring himself” – blinds open, lights on. He talked to police about it and they said they couldn’t do anything. So… He took a picture and printed many 8x10’s – he then posted these on the bulletin board in the neighbor’s apartment, every few days he would replace the picture as they were taken down.

Soon after the blinds were closing...

[Capmaster]

A Canadian man, angry that he was refused a plane ticket to Australia at Los Angeles International Airport, stripped naked, sprinted across the tarmac and climbed into the wheel well of a moving jumbo jet, officials said on Wednesday.

Grimey going to visit jimmalenko? Where were you that day, boy?

[Doramius]

Why didn't the woman do that? I agree I don't want to see someone else doing it, but She could have closed the blinds and left a message for the guy. Instead she had to watch the eruption. I understand the view may be available to public, but viewing is not considered a pollution. For someone playing their music too loud cannot be considered the same. It's a different matter where you just can't close your ears or turn them off. When you're blocking the view of the one person, you still can see other things around you. For hearing, you must cover your ears, which you need to hear other people. Noise is a pollution. So is anything with a strong scent. People have even sued farms and other places for stong scents. But for viewing practices, he's in his home and people don't have to look. If you're offended, make it known to the person and embarass them. Have a little fun legally.

[Capmaster]

Watch ...some lawyer will get the jerk off

[Doramius]

Watch ...some lawyer will get the jerk off

[groaner for the day]

Cum off it. You know the lawyer will Blow it.

[Capmaster]

Watch ...some lawyer will get the jerk off

[groaner for the day]

Cum off it. You know the lawyer will Blow it.

Doramius gets it first and wins the prize.

This is a tough room. I waste a lot of good material here that nobody ever notices. But I keep trying.

Like this gem ....good stuff that, but nobody spotted it :

https://www.videohelp.com/forum/viewtopic.php?p=1026804#1026804

[Doramius]

I noticed that one too a long time ago. I just thought it was a little out of the park to laugh at. :P

[Capmaster]

I noticed that one too a long time ago. I just thought it was a little out of the park to laugh at. :P

Yeah right. Too out of the park for you?

[Doramius]

You're really trying to lobb this one through. For a thread like this, it's in a foul area.

[thayne]

The couple concluded that Clark was moving from side to side to maintain his view of something. They became alarmed that he was looking at their children and moving as a tree branch blocked his view.

I don't see how that would be possible. If you are in a well lit room inside a house after dark, you cannot see anything outside. More likely he was watching his own reflection in the window...

[zzyzzx]

Watch ...some lawyer will get the jerk off

I have a lawyer friend who did that once. Someone, presumably someone I knew since he wouldn't reveal the person's name, was caught masterbating in public. It was in the woods near a bike trail. He had a blanket and a pair of binoculars, and thought that he was well out of sight from passerbys on the trail. He wasn't. The lawyer was able to get the charges dismissed by reasoning with the judge (good talker).