Ben Rail arrested for exposing himself at Cronulla beach

A naked man was high on ‘ice’ when he walked onto a beach, dropped his towel and exposed his penis to a large group of school students, only leaving the water 40 minutes after police arrived.

Ben Rail was fined $200 for exposing himself in front of school students at Cronulla beach. Picture: Ashleigh Tullis

A man who was high on drugs went to Cronulla beach wearing only a towel before he exposed his genitals to a large group of school students and members of the public and swam while naked, a court has heard.

Benjamin Rail, 29, was sentenced in Sutherland Local Court on Monday for wilful and obscene exposure in a public place and contravening an apprehended domestic violence order.

Agreed facts tendered to court state Rail was at North Cronulla beach on November 10 wearing only a towel before he walked onto the sand, dropped the towel and exposed his penis and testicles.

Rail, who lived in Cronulla at the time, walked around on the sand before he went into the water in view of numerous members of the public.

Cronulla surf life savers spoke to Rail and requested he put clothes on and leave but Rail initially refused.

Ben Rail was sentenced in Sutherland Local Court for wilful exposure and contravening an AVO.

He was told if he did not cover up then the police would be called. Rail did put on a towel and walked onto the esplanade, out of sight of life savers, before he walked onto Elouera beach.

Rail approached a large group of school students and their teachers, and was only one metre away from them when he dropped his towel, exposing his penis and testicles to them.

He ran into the water and the surf lifesavers called police.

An officer told Rail to get out of the water but he claimed, “I can’t hear you” and officers again told him to come ashore but he refused.

Officers tried for 40 minutes to get Rail out of the water before they entered and seized him by the arms and walked him onto the beach where he was arrested.

Rail was taken to Sutherland police station where he said he had not slept in two days and had consumed a large amount of the drug ‘ice’.

In relation to the contravention of the AVO, the court heard police saw Rail in company of his girlfriend, who was the protected person, in Cronulla on November 17, and on seeing officers he avoided them but was arrested on December 10.

Defence lawyer Edward Bramble told the court his client had significant mental health issues including schizophrenia and substance abuse disorder.

Mr Bramble said Rail was a “work-in-progress” and Rail was trying to organise accommodation in Miranda to be closer to family and friends rather than living in Surry Hills.

He was also seeking treatment for his mental health and was having an injection monthly.

Magistrate Keisha Hopgood said she took into account Rail’s mental state but noted he was on an intensive correction order at the time.

She said Rail’s mental state reduced his moral culpability but said in reality he was still in control of his actions and needed to maintain his mental health support.

Ms Hopgood noted Rail’s record afforded him no leniency and she could not find he had good prospects of rehabilitation but did take into account his positive steps including his family support and attempts at getting accommodation.

She took into account Rail had “insight” into his offending and recognised the impact on the children seeing him naked at the beach.

Ms Hopgood noted breaching an AVO was “always a really serious offences” but said it was positive the relationship had ended.

She convicted Rail of both offences, fined him $200 for the wilful exposure and placed him on a 12-month community correction order for the domestic violence offence.