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Canadian masturbator goes before Supreme Court

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Canadian masturbator goes before Supreme Court

Old 11-02-04, 07:04 PM
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Canadian masturbator goes before Supreme Court

Supreme court to hear masturbator case

Sue Bailey
Canadian Press


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.
Canadian Press 2004
Old 11-02-04, 07:13 PM
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Hint: If you're going to whack off, close the fucking drapes!!!
Old 11-02-04, 07:14 PM
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Think of the kittens!
Old 11-02-04, 07:18 PM
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At least turn off the light. Sheesh!

Admittedly, I think this is a fairly important case - because it requires the courts to specify what a public place is. While it's pretty clear this guy is a fruitcake, any ruling on the 'publicness' of your house will affect other cases too.

For instance, (and assuming they had reason to) the RIAA could then argue that by playing your stereo too loudly (maybe it could be heard faintly on the steet), you're putting on a public performance.
Old 11-02-04, 07:19 PM
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Wow. Thankfully they gave his name out to the newspapers.
Old 11-02-04, 08:06 PM
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Re: Canadian masturbator goes before Supreme Court

Originally posted by Abelkems
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.


What a feeling!

Old 11-02-04, 09:32 PM
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Hmm, a canadian masturbator, both view and eXcentris could fit that bill.
Old 11-02-04, 09:36 PM
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Originally posted by Bushdog
Hmm, a canadian masturbator, both view and eXcentris could fit that bill.
Way to forget about me, thanks a whole lot.

Oh, wait..
Old 11-02-04, 10:58 PM
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when you think of masturbating, think of Biz.


oh, wait..
Old 11-02-04, 11:41 PM
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Re: Canadian masturbator goes before Supreme Court

This is a funny story, expect for this sentence:

Originally posted by Abelkems
...They became alarmed that he was looking at their children and moving as a tree branch blocked his view...
Any chance that the "children" are adult children?
Old 11-03-04, 12:04 AM
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Originally posted by Bushdog
Hmm, a canadian masturbator, both view and eXcentris could fit that bill.
But the old lady next door never complained about my masturbating by the window.
Old 11-03-04, 12:07 AM
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I wonder how many guys would complain of they saw a hot chick do this. Answer? None.
Old 11-03-04, 11:08 AM
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I wonder if after the court case the headline will be, "Canadian Masturbator "Comes" Before Supreme Court."
Old 11-03-04, 11:30 AM
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The reminds me of something that happened to a lesbian friend of mine. She and her girlfriend were getting busy in their living room. A neighbor watched them through an unobstructed window. Instead of calling the cops, he left them a note thanking them for the show.

Lesbian sex = good, solitary men masturbating = bad.
Old 11-03-04, 11:52 AM
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Originally posted by Pistol Pete
Lesbian sex = good, solitary men masturbating = bad.
I would bet good money that story involved both.
Old 11-03-04, 12:01 PM
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why would you leave a note? you know they'll be checking to make sure the blinds are closed from now on. dumb ass.
Old 11-03-04, 12:05 PM
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Us Canadians like to express ourselves
Old 11-03-04, 12:15 PM
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I just reread the story, the children were "young". I don't necessarily agree with the premise of this case (if he was looking at an adult), but I would be angry if I saw somebody whacking off while looking at my young children.

My main question is, how long did this go on? They watched him for awhile, called the police, the police came and watched it.
Old 11-03-04, 01:05 PM
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Originally posted by Heat
My main question is, how long did this go on? They watched him for awhile, called the police, the police came and watched it.
Yeah, given the police response time in my area this would have taken well over an hour.
Old 11-03-04, 01:10 PM
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Originally posted by Heat
My main question is, how long did this go on? They watched him for awhile, called the police, the police came and watched it.
You would have thought he'd come before the police did.
Old 11-03-04, 02:51 PM
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Originally posted by costanza
why would you leave a note? you know they'll be checking to make sure the blinds are closed from now on. dumb ass.
You obviously have never been to midtown Atlanta. There was a small yet realistic chance that they would ask him to join the fun.

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