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Supreme court to hear master-bater case
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 master-bating 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 master-bating, 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
 

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yeah, but he was whackin it TO the neighbors children. seems like the beginnings of a sexual offender to me. ship his ass to jail.....

and at least close the mo' truckin windows and shades! some people.....
 

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zzyzzx said:
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.
YES!!!!!
 

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zzyzzx said:
She moved to a darkened bedroom to get a better view.
She couldn't resist. I used to know a girl, who actually saw a guy beatin his meat in his truck in a traffic jam on I-94. And this guy can't do it in his own living room? WOW. If that guy woulda kept the lights off, nobody would have known any different.
 

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You guys are insensitive. That was me they caught. I wasn't hurting anyone. I was just having some fun. It's my thing; I can do what I want with it. It's not like I'm going to go blind or something.
 

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highanddry said:
It's not like I'm going to go blind or something.
Or WILL you? :? :? :?
 

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You gotta trust me on this one - if I haven't gone blind yet, it ain't ever gonna happen.

Oh yeah...tell me you weren't really upset about the recent broken hearted comment. I thought you'd be happy we all remembered your plight; it's like a big family thing. How did that Canuck chick work out anyway? You forgot to tell her you knew me, didn't you?
 

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they guy shouldn't have done it in plain view in his house. and the neighbors should get fined for looking into the man's house. at least he wasn't spanking it out in the yard looking into the neighbors windows. he was in his house! both people were invading eachother's privacy. they both should be shot.
 

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I think there should be exceptions..... if you wanna do that in your house, ok, if people can see you, maybe make an exception....... as for to the neighbours children, SHOOT HIM BEFORE ANYTHING ELSE HAPPENS. Now if he was just looking around doing it in his window, well, he should have to at least hide his bottom half, but I believe that the people who saw him were invading his privacy - charge them too!
 

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highanddry said:
You gotta trust me on this one - if I haven't gone blind yet, it ain't ever gonna happen.

Oh yeah...tell me you weren't really upset about the recent broken hearted comment. I thought you'd be happy we all remembered your plight; it's like a big family thing. How did that Canuck chick work out anyway? You forgot to tell her you knew me, didn't you?
ok... i wasn't really upset... and the Canuck chick, idk... i haven't hung out with her lately so idk. But actually I did tell her I knew you, I was like "Oh and by the way. I know highanddry... told me to tell ya hi for him"
But then she was like "who the hell is this guy" so yeah idk....

Right now i'm trying to concentrate on school man, 16 credits this term, 16 next term, and chemistry is a *****

Oh and sorry for hijacking this thread
 

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Try seeing outside your windows at night with the lights on inside the house. you can't! All you really see is a reflection of what's inside the house. The guy was probably watching his own reflection. Watching the neighbors kids? sure, there are some sickos out there, but I kinda doubt this guy even knew they were there.

Besides, if he were watching the kids, he would've looked right at the lady when she saw him out the window the first time, before she moved to the darkened room.


"In a public place" does NOT mean the same things as "Within view of a public place".

--sarge
 

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very insightful, sarge! but dude, get a mirror if you wanna watch yourself.

it all makes sense what you said, but why would you want to know what your O-face looks like??!
 

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They doesnt say how old were those children, maybe 18 ;)
But hey, He could have close the curtain or go in is room for doing that...
 
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