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.Res Ipsa Loquitar.
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.
Friday, January 28, 2005
Oh, Oh, Oh, Oh, Oh, Canada!
According to Reuters:
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1 comment:
I beg to disagree with the Court. This is clearly within the cusp of the Alice Roosevelt Longworth test.
Had there been horses in the street, they would have been justified in being frightened.
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