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Paul Joseph Clarke: man who flashed at Just Jeans shopper escapes jail time

A Mid-North Coast man who flashed at a Just Jeans shopper has escaped jail time. Find out what happened in court.

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A Mid-North Coast man who flashed his genitals at a Just Jeans shopper in an adjoining changeroom has escaped jail time.

Paul Joseph Clarke, 43, appeared before Port Macquarie Local Court on September 16 where he was convicted of one charge of wilful and obscene exposure and had another charge of carry out a sexual act with another without consent dismissed.

It comes after the Frederickton man exposed himself to a woman shopping in Port Central’s Just Jeans store during the busy Christmas trading period last year.

The court heard the victim was bending down to try some shorts on when she saw an erect penis protruding underneath the gap between her changeroom and the adjoining cubical.

She yelled out “what the f**k”, straightened up to see a balding head over the changeroom and immediately went to seek help from staff.

“A female approached me and said ‘the man in the changeroom next to me just exposed himself’,” shop assistant Sandra Sumsky explained in her police statement.

“I followed her back (and) could see that (Clarke’s neighbouring) changeroom was still closed.

“I could see under the front of the door (where there were) some clothes on the floor and it looked like a male doing up his shoes.

“I could see that he had his wallet and a phone on the floor and he picked them up.”

Ms Sumsky watched Clarke as he left the changeroom, keeping eyes on him right up until police entered the store and began questioning him.

Mid-North Coast Police District’s Wendy Hudson and Ruth Handley were conducting foot patrols nearby when a Port Central security guard asked for help.

Senior Constable Handley said Clarke’s “eyes were pinpoint” and he “appeared startled” when the officers made contact.

“He continually joined his hands together in front of his crotch area,” Snr Cons Handley’s statement noted.

“As I looked down towards his shorts, I could see a bulge in his crotch area towards the top of his left thigh.”

Clarke told police his boxer shorts came down while he was trying on some clothes, implying that the only way anyone would have seen his penis was when he bent down to grab his phone out of them.

Pleading not guilty to the offences, Clarke’s matter went to hearing where he was found guilty of the wilful and obscene exposure charge.

Magistrate Georgina Darcy said Ms Sumsky’s version of events was “pertinent” because it contradicted Clarke’s accidental exposure claim.

“Overall I found Ms Sumsky’s evidence to be very clear, she didn’t embellish,” the magistrate said in determining her verdict.

While Ms Darcy wasn’t satisfied the action was made in an attempt to sexually engage with the victim, she determined Clarke was guilty of “wilfully and obscenely” exposing his penis.

The magistrate chastised the offender for his unlawful behaviour, ordering the charge be added to his otherwise clean criminal record.

“(The victim) was entitled to the privacy of that changeroom,” Ms Darcy said.

“A conviction is required.”

Clarke was sentenced to a 12-month supervised community correction order for exposing himself, while the sexual act charge was dismissed.

Original URL: https://www.dailytelegraph.com.au/newslocal/mid-north-coast/paul-joseph-clarke-man-who-flashed-at-just-jeans-shopper-escapes-jail-time/news-story/bb1724b2d2f847f8b630b9eb40c935cf