A 70-year-old man who was caught masturbating in a Launceston car park has narrowly avoided time behind bars.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
James Donald Wheldon, of Kings Meadows, had a picture of a naked woman on his dashboard when he engaged in the prohibited act at the Kmart Plaza car park in January last year.
Coronavirus: All the latest updates on COVID-19 for Tasmania
A 58-year-old woman came across the pensioner and reported him to police.
In Launceston Magistrates Court on Thursday, Magistrate Sharon Cure noted that Wheldon had received a fine for a similar offence in 2016.
She said while Wheldon had pleaded guilty to engaging in the latest prohibited act, he continued to deny aspects of the incident which suggested he lacked insight into the seriousness of the offending behaviour.
"It's an unusual case," Magistrate Cure told Wheldon.
"You've not shown great insight in the reports that have been prepared [by experts]."
IN OTHER NEWS:
Defence lawyer Fran McCracken told the court Wheldon was on the waiting list for an urgent operation at Launceston General Hospital.
Magistrate Cure took into account Wheldon's ill health, but said he posed a risk to the community .
Wheldon was sentenced to three months imprisonment, wholly suspended for two years.
"The reason for wholly suspending that is because of your health problems and your age," the Magistrate told Wheldon
"This is a significant escalation in terms of the sentence, but its intended to deter you and generally deter others from committing an offence of this nature."