A MAN convicted of committing an indecent act in a public place will serve his sentence in the community.
Ronald Crosby, 48, received a conditional sentence order of five months with 12 months of probation to follow from Judge Brian Neal in provincial court here Feb. 22.
“The only thing I can say is I'm extremely ashamed and embarrassed I'm here,” said Crosby when given the chance to speak before sentencing.
Conditions he must follow during his sentence include abstaining from any communication directly or indirectly with anyone under age 16 except in the course of commerce in a public commercial place, taking counselling as directed including sex offender treatment and being under house arrest 24-hours-a-day seven days each week, said Neal.
He may apply to his supervisor for permission to be out of his residence for purposes of a medical emergency, to go directly to work and home afterward or go to church, attend counselling and to shop for one hour twice each week, court heard.
“The key issue is whether giving a sentence in the community will endanger the community,” said Neal.
In April 2009, Crosby was in a local store near the toy aisle where an eight-year-old girl was playing on the floor with toys when he came near to her committed an indecent act, court heard before sentencing.
The child was never touched and the parents reported that the girl didn't notice him or his actions, court heard.
That same day, Crosby was released on a recognizance with conditions that included no contact directly or indirectly with anyone under age 16, but breached that condition in September 2009 in Kincolith when he exposed himself to two children, ages four and six, and was talking with the children, court heard.
Neal noted that Crosby had not seen a psychiatrist before a psychiatric report was done on him along with a pre-sentence report and that he had not been seen by a sexual offence counsellor but indicated he was willing to do so.
The psychiatric report said Crosby does not suffer from a severe or enduring mental illness, although the doctor indicated Crosby had a problem with alcohol abuse and fit the psychiatric diagnostic criteria for exhibitionism, court heard.
Neither issue had been resolved, Neal said.
Crosby indicated he was having compulsive thoughts although he maintained they were not malicious, court heard from the psychiatric report.
It may be the case that he exposed himself to young children as they would be less likely to respond with ridicule and it cannot be concluded that his intent was to cause the children harm, court heard from the report.
The risk of him doing this in the future is low to moderate, Neal read from the psychiatrist's report.
Other conditions Crosby must follow are that he must carry a copy of the court order with him and present it to any peace officer who asks him for it and present himself at his door to any peace officer, added Neal.
He must also abstain absolutely from alcohol and other intoxicants and provide a sample of DNA to police.