A Braddon alcoholic who masturbated on a northside park bench in broad daylight has been told he can drink himself to death if he likes. But a Canberra judge warned Stephen Michael Jones he will be jailed if he continued to offend when intoxicated.
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In March, an ACT Supreme Court jury found Jones, 55, guilty of committing an act of indecency in the presence of another person in February last year.
Justice John Burns on Wednesday sentenced Jones to eight months' jail, to be fully suspended on entering a two-year good behaviour order.
A cleaner spotted Jones walking along Elouera Street while she worked on the front steps of a Braddon building about 10.20am on February 12. She watched as he pulled his penis out of his shorts, took a seat on a bench, pulled out a longneck of beer and lit a cigarette. He then started to masturbate.
The woman then ran across the road to the Salvation Army office to call the police.
Justice Burns told Jones that ''the fact you abuse alcohol does not excuse your conduct … You can drink yourself to death if you want to … but you're not entitled to commit crimes after you've drunk alcohol''. The judge warned Jones that he would be jailed if he breached the good behaviour order.