Spencer Michael James Radford given probation with a court-ordered condition he must be honest over upskirt offence

The 31-year-old father hid is face as he left Mackay Magistrates Court where he learned his fate over the ‘disgusting’ charge.

Janessa Ekert and janessa.ekert@news.com.au

2 min read

April 30, 2021 - 5:00AM

Spencer Michael James Radford tried to avoid media as he left Mackay Magistrates Court after he was placed on probation for "disgusting" offending for following a woman to take photos up her skirt at a Mackay shopping centre.

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An upskirt predator has court orders not to lie after he was busted deliberately misleading his psychologist.

Spencer Michael James Radford was spotted following a woman through Caneland Central before deliberately bumping into her and filming up her dress on December 22, 2020.

The 31-year-old father of two hid from media using a hoodie and briefcase as he left Mackay Magistrates Court where he was labelled "disgusting" for his shameful behaviour.

He previously pleaded guilty to a breach of privacy earlier this month but the case was adjourned until Thursday for sentence.

Mackay Magistrates Court previously heard Radford had seen a psychologist three times and told the practitioner the video, which was immediately deleted, was not for sexual gratification.

The court heard however there was a divergence between what he told the psychologist and what he told the police on the day.

A man was caught filming up a woman’s skirt as she was shopping at Caneland Central.

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"My client accepts he wasn't entirely forthright with his psychologist," Wallace and Wallace Lawyers' Danny Yarrow said.

"He concedes that."

Magistrate Damien Dwyer said it was a "very serious predatory sexual offence" against a woman shopping and he had nothing before to indicate why it occurred.

"He went to the psychologist and told them lies … that happened just before (he appeared in) court," Mr Dwyer said.

"I can only infer the only reason he did it was to try and mislead the court, which is a very serious offence."

The court heard Radford had no criminal history and no mental health issues.

"Suddenly a married man with two kids, just before his second child was born, engages in this sort of behaviour," Mr Dwyer said.

Radford is a partner in a telecommunications firm and part of his role involved installing security cameras, for which he needed to be licensed.

Mr Yarrow said as a result of his offending his licence had been suspended and if a conviction was recorded, he may need to show cause why it should not be cancelled.

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The court heard Radford's victim was unaware of the offending until afterwards.

Mr Dwyer told the court Radford's offending was really only substantiated by his plea of guilty in court as any image was deleted, but later added he had "grave concerns" about his remorse.

"Your offending was disgusting," Mr Dwyer said, adding others had fortunately noticed it.

"This was appalling conduct.

"It has caused embarrassment to you, and I'm sure it has caused embarrassment to your family."

Mr Dwyer found it was "more beneficial" to place Radford on probation so he could receive necessary supervision including counselling.

But, in a first-time move, Mr Dwyer added a condition that Radford must be "honest and forthright" with his probation officer and any mental health worker.

"Any transgressions (will) be dealt with as a breach of probation," Mr Dwyer said.

A conviction was not recorded.