Man arrested in Northern Beaches for allegedly flashing an off-duty police officer

Around 6:45pm on the 12^th of December 2019, an off-duty police probationary constable using a toilet in Sydney’s Central Train Station noticed a man staring at him through the crack in the door. The man allegedly proceeded to a cubicle besides the one occupied by the probationary constable, got onto his knees and indecently exposed himself to the probationary constable. The 43-year-old man was arrested and has been charged with wilful and obscene exposure in a public place and voyeurism.

Wilful and obscene exposure in a public place

Obscene exposure in an offence under Section 5 of the Summary Offences Act 1988 (NSW), which states “A person shall not, in or within view from a public place or school, wilfully and obscenely expose his or her person”. The maximum penalty is a fine of $1,100 or 6-months imprisonment.

Voyeurism

Voyeurism is an offence under Section 91J of the Crimes Act 1900 (NSW). It can be dealt with as a general offence or an aggravated offence.

General offence

If the offence is dealt with as a general offence, Section 91J(1) of the Crimes Act states “A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act-

1. a) without the consent of the person being observed to being observed for that purpose, and
2. b) knowing that the person being observed does not consent to being observed for that purpose,

is guilty of an offence.

The maximum penalty is $11, 000 and/or 2 years imprisonment. The penalties are harsher if the offence is dealt with as an aggravated offence.

Aggravated offence

If the offence is dealt with as an aggravated offence, Section 91J(3) of the Crimes Act States “A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act;

1. without the consent of the person being observed to being observed for that purpose, and
2. knowing that the person being observed does not consent to being observed for that purpose, and
3. in circumstances of aggravation,

is guilty of an offence.

The maximum penalty for this offence is 5 years imprisonment.

Circumstances of aggravation

Subsection (4) of Section 91J of the Crimes Act defines circumstances of aggravation as:

1. a) the person whom the offender observed was a child under the age of 16 years, or
2. b) the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.

Therefore, it is possible that the 30-year-old man for allegedly spying on a 13-year-old girl will be charged with an aggravated offence.