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Paraskass · 01-29-2005, 10:22 PM

OTTAWA (Reuters) - A Canadian who masturbated at a window in his house won his appeal against a conviction for indecency on Thursday 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 neighbors."

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 offense.

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 neighbor, 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.

http://story.news.yahoo.com/news?tmp...a_indecency_dc

WTF: the couple observed Clark from their darkened bedroom for 10 or 15 minutes -- also using binoculars and a telescope --

rambler · 01-29-2005, 10:46 PM

"the upper part of Clark's body was visible from just below the navel."

They didn't even see anything???? just the motion.

They should mind there own business.

I bet that Clark guy feels pretty embarassed now though( name printed internationaly)

Veterans Day · 01-29-2005, 10:47 PM

Only in canada, geeez

SmokeyTheBear · 01-29-2005, 10:48 PM

lol yah i have noticed dozens of women in my area purposely taking off their clothes , as i watch from my darkened window with my telescope ..

What a bunch of sicko's those women are.. I should get a medal.

IRQ0 · 01-29-2005, 11:15 PM

Wow. No body was right in this case. He shouldn't have been by the window and they shouldn't have complained since the didn't see anything and evidently enjoyed the show.

Rorschach · 01-29-2005, 11:20 PM

what's wrong with looking at your neighbours naked with binoculars?

01-29-2005, 10:22 PM	#1
Paraskass Confirmed User Join Date: May 2002 Location: QC Posts: 5,829	Wtf OTTAWA (Reuters) - A Canadian who masturbated at a window in his house won his appeal against a conviction for indecency on Thursday 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 neighbors." 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 offense. 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 neighbor, 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. http://story.news.yahoo.com/news?tmp...a_indecency_dc WTF: the couple observed Clark from their darkened bedroom for 10 or 15 minutes -- also using binoculars and a telescope -- __________________

01-29-2005, 10:47 PM	#3
Veterans Day Confirmed User Join Date: Jul 2003 Location: The Windy City Posts: 8,403	Only in canada, geeez __________________ Build a Massive Traffic Network, Hands FREE, Totally Automated

01-29-2005, 10:48 PM	#4
SmokeyTheBear ►SouthOfHeaven Join Date: Jun 2004 Location: PlanetEarth MyBoardRank: GerbilMaster My-Penis-Size: extralarge MyWeapon: Computer Posts: 28,609	lol yah i have noticed dozens of women in my area purposely taking off their clothes , as i watch from my darkened window with my telescope .. What a bunch of sicko's those women are.. I should get a medal. __________________ hatisblack at yahoo.com

01-29-2005, 11:15 PM	#5
IRQ0 Confirmed User Join Date: Dec 2004 Location: Kamloops, BC Posts: 144	Wow. No body was right in this case. He shouldn't have been by the window and they shouldn't have complained since the didn't see anything and evidently enjoyed the show. __________________ NudeCelebHound.com - $20 per FREE signup! 100 page Free Hosted Site - ICQ 230541378 Sadonecrobeastiality: beating a dead horse.

01-29-2005, 10:46 PM	#2
rambler Confirmed User Join Date: Jun 2004 Location: vancouver Posts: 745	"the upper part of Clark's body was visible from just below the navel." They didn't even see anything???? just the motion. They should mind there own business. I bet that Clark guy feels pretty embarassed now though( name printed internationaly)

01-29-2005, 11:20 PM	#6
Rorschach So Fucking Banned Join Date: Aug 2002 Posts: 5,579	what's wrong with looking at your neighbours naked with binoculars?