R. v. Justason (G.B.), 2014 SKPC 144

• Judge: Gordon, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: August 14, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKPC 144;(2014), 450 Sask.R. 317 (PC)

R. v. Justason (G.B.) (2014), 450 Sask.R. 317 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. AU.029

Her Majesty the Queen v. Graham Blake Justason

(Information No. 24502064; 2014 SKPC 144)

Indexed As: R. v. Justason (G.B.)

Saskatchewan Provincial Court

Gordon, P.C.J.

August 14, 2014.

Summary:

The accused was charged with committing an indecent act (exposing his penis) in a public place, contrary to s. 173(1) of the Criminal Code.

The Saskatchewan Provincial Court found the accused guilty.

Criminal Law - Topic 699

Sexual offences, public morals and disorderly conduct - Sexual offences - Particular offences - Indecent act in public place - A woman was sitting in her car in a public area in a small town at midday when she noticed a man (Justason) walking down the street - As Justason passed in front of her, she observed that his erect penis was protruding from his pyjama pants and was easily visible - Justason was charged with committing an indecent act in a public place - He told police that he had just gone to the library to use the computer, that he may or may not have been viewing pornography, and that he was on his way home - Justason denied that his penis was erect - He argued that his penis might have accidentally popped out - The Saskatchewan Provincial Court found Justason guilty - A presumption of intent to do an indecent act willfully arose where it was seen by another person - There was no credible evidence that the woman was mistaken in what she saw - She was a sensible and reasonable person who found the conduct inappropriate and indecent.

Cases Noticed:

R. v. Parsons (1963), 3 C.C.C. 92 (B.C.S.C.), refd to. [para. 14].

R. v. Carruthers (H.E.) (2004), 260 Sask.R. 59; 2004 SKPC 75, refd to. [para. 16].

R. v. Ziegler (G.), [2008] Sask.R. Uned. 102; 2008 SKPC 94, refd to. [para. 18].

Counsel:

Brian Hendrickson, Q.C., for the Crown;

Graham Blake Justason, accused, self-represented.

This matter was heard at Assiniboia, Saskatchewan, before Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on August 14, 2014.