A 34-year-old Mackay man was caught masturbating at a children’s playground.
A 34-year-old Mackay man was caught masturbating at a children’s playground.

Man caught masturbating at children’s playground

A MACKAY man was homeless and had been awake for eight days from ice when he masturbated while watching porn at a children's playground.

Mitchel Dean Boyd had been living in his car, which had been parked facing the Binnington Esplanade park where children played on the equipment.

Mackay Magistrates Court heard at first he had approached three adults and tried to make conversation - which had sparked concern.

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Then Boyd returned to his vehicle and masturbated while watching pornography on his phone. A nearby adult caught him and told him to stop, he did and "put his penis away".

"It's not the situation that you put yourself on a park bench and masturbated towards the children who were present in the park, and that is a very significant difference between you and … other cases," Magistrates Bronwyn Hartigan said, adding the criminality was at the lower end for this type of offence.

"I also take into account that perhaps your vehicle had a bit more importance to you than others because you were living out of your vehicle at that time, so that was your home.

"That's not to justify what you did, what you did was wrong and it's a criminal offence and you're going to be punished for that.

"It's just unfortunate that you parked your car in that position."

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Boyd, 34, pleaded guilty to doing an indecent act in public on January 7 this year, as well as drug-driving (ice) on March 4 and again (marijuana) on July 7. He also pleaded guilty to possessing marijuana on the later date.

"You in particular should not be using illicit substances with your mental health condition," Ms Hartigan said.

The court heard Boyd had been diagnosed with schizophrenia and at the time of the most serious offence was not taking his medication.

Defence solicitor Danny Yarrow said his client had been using ice "quite heavily" at the time.

"He was using his term 'eight days old'," Mr Yarrow said - which meant he had not slept in eight days.

"He was going through a patch where … life got on top of him … reacted poorly and … went off the rails.

"He was watching pornography on his phone.

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"He was rightfully embarrassed by his conduct."

Ms Hartigan accepted this was out of character and found a community-based order was "a step between you and imprisonment" she told him.

He was ordered to complete 240 hours of community service, which is the maximum amount, within 12 months.

He was also fined $800 and disqualified from driving for nine months.

His offending also breached a suspended jail term. He was resentenced to the rising of the court for that offence which means it was over once the court finished its session.



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