Naked man insulted woman after he made “thrusting” movements
A NORTH Mackay man may have been on his balcony, naked and with an erect penis, but a court has found he did not intend to insult a woman who saw him from across the road.
Daniel Johnathon Haber was found not guilty of an indecent act with intent to insult or offend another person.
Mackay Magistrates Court was told the woman was sitting outside of her workplace, having a cigarette, on July 10 last year when she looked across the road and saw Mr Haber, naked and with an erect penis.
She claimed he made "thrusting" movements, then turned side-on and made the same movements before returning inside.
When handing down his judgment yesterday, Magistrate Ross Risson said the woman had not told police about the thrusting movements when she had given them her initial statement.
The woman told the court about the thrusting movements during an earlier hearing, last month. At the time, Mr Risson reserved his decision until yesterday.
Mr Risson said yesterday that when the victim gave her statement to police, she had said Haber held a pose for one to two seconds but had not mentioned the thrusting.
Mr Risson also said Haber did nothing else to attract the woman's attention, such as waving his arms or yelling.
While being in full public view with an erect penis was considered indecent, Mr Risson said there had to be proof that Haber intended to insult or offend the woman.
"Mr Haber may have been on the landing for a short time, less than a minute or half a minute," Mr Risson said. "As far as his intention, that of course is a question of fact."
Mr Risson said he had doubt in the prosecution's case that there was intent and found Haber not guilty.