Magistrate Nova Hall imposed a fine of $500 last week after hearing details surrounding an offence of indecent exposure.
Guy Jean Langlois, 49, previously pleaded guilty to the charge, which arose from an incident in November 2008.
Crown Counsel Marilyn Brandt said a woman was walking to work along a side road when she noticed a vehicle going up and down the road repeatedly. She took note of the licence number.
The vehicle then parked further up the road. As the woman approached she glanced inside and saw a male person naked from the waist down, masturbating.
The woman continued walking and when she got to her workplace she told her employer, who called police. The woman said she had seen the same person in a different vehicle two weeks earlier doing the same thing, but she had not reported it.
Ms Brandt said Langlois was questioned by police and admitted he was the man in the vehicle. He said he was distressed about the death of a relative and not thinking properly.
Defence Attorney John Furniss produced a medical report, which indicated that his client had symptoms relating to panic attacks in which his heart beat more than 200 times per minute and he felt a tightening in his chest. The report indicated that his client was calmed by the activity he had indulged in.
The magistrate asked why Langlois had not gone to some place private.
Mr. Furniss agreed that he should have chosen a more isolated location where there were not people around. He said his client apologised to the woman for causing her distress.
The attorney cited the embarrassment attached to the incident and asked that no conviction be recorded.
The magistrate said the court’s discretion not to record a conviction is approached gingerly and applied sparingly. She indicated such discretion was used only when there were extenuating circumstances. In this case, she said she did not find it appropriate not to record a conviction.