An "overzealous nudist" who repeatedly paraded through his Cairns home in a state of undress to taunt his disapproving neighbour will not be registered as a sex offender after a judge refused to record a conviction against him. The 57-year-old, who cannot be named, pleaded guilty in the Cairns District Court in Australia to seven charges, including doing an indecent act with intent to offend and indecent treatment of children through exposure.
Judge Bill Everson described the man as an "overzealous nudist" who knew his neighbour disapproved of his lifestyle choice, but exposed himself in full view of her and her young children. "You knew that your next-door neighbour did not like this, particularly as it seems she had young children," Judge Everson told the man in sentencing. "Your offending was in the nature of being a persistent nuisance."
The glimpses the woman and her young children had of the man between March and August, 2010, were "fleeting" and of a non-sexual nature", Judge Everson said. Crown prosecutor Nathan Crane wanted the man to have a conviction recorded against him, which would automatically register him as a sex offender.
Judge Everson, however, was not convinced, likening the offence to streaking at a sporting event. "I don't really want to burden police with someone like this," he said. "It's really more being a nuisance, isn't it?" The man has no criminal history but served four days behind bars after he breached his bail conditions. He was handed a six-month good-behaviour bond and no conviction was recorded.