Indecent act 'horrifies' neighbour

JOELLE DALLY
Last updated 11:48 30/04/2014

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A man, naked but for a balaclava over his head, performed an indecent act as he stood at his study window where his neighbour could see him.

Martin Burley, 36, was today convicted in the Christchurch District Court of committing an indecent act with intent to insult.

Judge S J O'Driscoll found Burley guilty of the charge, after reserving his decision at a judge-only trial on April 9. 

According to the police summary of facts, Burley stood naked in the study of his Ferry Rd home about 12.30pm on September 26.

He stood close to a full length window, which faced his neighbour's kitchen window. 

Burley placed a balaclava over his head before committing an indecent act using a sex toy, clothes pegs and a leather whip.

The neighbour, who was in her kitchen with two friends, was "horrified" and disgusted by what she saw, the summary said. 

"The victim and her two friends look out the kitchen window several times as they could not believe what they were seeing," it said. 

"The defendant looked right at the victim when she looked out her window."

Burley did not stop his behaviour upon being seen, but after about 10 minutes went into his kitchen and got dressed, the summary said. 

"In explanation, the defendant stated that the possibility of getting caught excited him," it said.

"He regretted that his behaviour offended the victim."

Burley was remanded on bail for sentencing on July 2. 

Judge O'Driscoll ordered a victim impact and pre-sentence reports. 

Burley may offer the victim reparation for emotional harm, the court heard. 

The maximum penalty for the charge is two years' imprisonment. 

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