Shirebrook flasher performed sex act to passing motorist on busy road
A Shirebrook flasher who performed a sexual act on a busy roadside in broad daylight has two previous convictions for exposing himself, a court heard.
Richard Toon was spotted with his trousers around his ankles in a layby on the A616 while facing a passing motorist who was heading towards Budby at 2.30pm on April 25, last year.
Abigail Hill, prosecuting, said the motorist reported Toon to the police and he was arrested shortly afterwards while standing next to his VW campervan.
He initially told officers he pulled over for a drink than later claimed he had been urinating.
Nottingham Crown Court heard he has one previous conviction for two offences of exposure from June 2015 when he received a 12 month community order which was later revoked due to his good progress.
Toon, aged 64, of Mallard Close, Shirebrook, was found guilty of exposure after a trial at Nottingham Magistrates Court, on March 5.
Andrew Wesley, mitigating, said: "He accepts the verdict of the magistrates court. People will often deny this kind of offending as it brings shame to themselves and their family.
"I can't argue with the previous conviction being an aggravating factor. It is disappointing that this case troubles My Lady, as the magistrates have sufficient sentencing powers.
"There is a ten or eleven-year gap between the offences. The probation report is informed speculation as to the causes of this offending.”
Mr Wesley said there was a potential link between the offence and stress in Toon’s family home, adding that his wife supports him and he is the sole breadwinner.
“He knows he must keep control of himself notwithstanding any stresses that are going on,” he said.
"It must be worth a further attempt to reinforce to Mr Toon why this offending cannot be repeated. There is no suggestion there is going to be an aggravation towards contact offences.
“There is a strong prospect of rehabilitation. Any sentence can be properly suspended.”
On Thursday Judge Nirmal Shant KC told Toon: “It is obviously a road you deliberately chose to maximise the number of people you exposed yourself to.”
She handed him a four month sentence, suspended for two years, with 20 rehabilitation days and 100 hours of unpaid work. He was ordered to pay £705 costs.