A Canadian tourist who filmed another guest showering in a Canberra hostel has avoided jail time.
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Tom Sie Ho Lee, 27, was sentenced in the ACT Magistrates Court on Tuesday having pleaded guilty to one charge of committing an act of indecency without consent.
The court heard Lee was in Australia to present an academic paper at a computer conference in Sydney.
The conference finished last week and he arrived in Canberra on Sunday to sight-see before flying back to his homeland on Wednesday.
But Lee was instead arrested and charged after the incident at the Civic hostel about 8am on Monday.
The court heard Lee was the only person in the shared bathroom when the victim entered.
The victim then began to shower when he noticed the shadow of an arm of the wall.
He turned to see a hand and phone disappear and Lee running from the bathroom.
The victim went to reception to report the incident and then confronted Lee in the hostel cafe.
Lee at first pretended not to know the man but then admitted to taking the film for private use.
Defence lawyer Jacqueline Agius said her client was a socially awkward man who had been struggling with his sexuality.
Ms Agius said Lee was attracted to men but did not know how to approach them.
She told the court the offence was not planned, with Lee instead acting on the spur of the moment.
Ms Agius said the University of Toronto graduate student understood the violation and was ashamed and embarrassed.
Prosecutor Phoebe Burgoyne-Scutts said people had the right to shower in privacy without being recorded and the offence had violated the rights of the victim.
Ms Burgoyne-Scutts argued offences of filming unknowing victims had become increasingly common and a jail sentence would send a message to the community.
Magistrate Bernadette Boss sentenced Lee to two months jail, to be fully suspended upon entering a one year good behaviour order.
Dr Boss accepted the offence was not planned and Lee was a person of otherwise good character.
But the magistrate said personal issues were not an excuse.
"People are entitled to share their bodies with whoever they choose and exclude all others," Dr Boss said.
Dr Boss said the conviction could prevent Lee from ever returning to Australia.
