Man who watched young boys masturbate has appeal dismissed

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A man who watched three young boys masturbate in his toy-laden garage has had an appeal against his convictions dismissed by the Supreme Court.

The man, who has name suppression, was charged with three counts of doing an indecent act against two 11-year-olds and a 12-year-old.

In all instances, the appellant had induced and permitted the boys to masturbate in his presence, the Supreme Court ruling said.

The offending took place in the man's garage, "which housed a number of items of likely interest to adolescent boys (such as) computers, a flight simulator and numerous remote control aeroplanes, helicopters and cars".

On a number of occasions the man showed the boys pornographic movies and encouraged or persuaded them to masturbate in his presence, the ruling said.

However, there was no physical contact between the man and the boys.

Because there was no touching, Judge Edwin Paul in the District Court dismissed the charges.

But a Crown appeal against that decision to the Court of Appeal saw the charges reinstated and the case went back to the District Court, where the man pleaded guilty.

He appealed against his convictions to the Supreme Court, based on the argument he did not perform an indecent act with or on the boys.

However, the Supreme Court ruled the indecency acts performed by the children were instigated by the defendant and dismissed his appeal.