A public servant has failed to convince a magistrate he suffers from a mental impairment that led to him to masturbate in a car park in front of a woman who told him to "put your dick away".
Brendan Allan Hall, 35, fronted the ACT Magistrates Court on Monday after pleading guilty to indecently exposing himself in public in Gungahlin in April last year.
Hall was in his black Audi when he drove past and then parked next to a woman, who did not know him, in an empty car park on Anzac Day afternoon.
When the woman got out of her car to go to the Club Lime gym, she saw Hall masturbating in his car seat with his grey sweatpants down through the open driver's seat window.
"What the f--- are you doing? Put your dick away. This is a public place, you can't be doing that here," she told Hall, who continued despite being told to stop twice.
The woman told him three times to leave the car park before Hall eventually did and she reported the incident to Gungahlin police, who located Hall at his Nicholls home, using his car's details, and arrested him.
Hall's barrister argued he had a mental impairment and said he was "seeking an unconditional dismissal" of the charge.
She said Hall had been diagnosed with exhibitionistic disorder and attention deficit hyperactivity disorder by a forensic psychologist who assessed his actions as "impulsive but underpinned by a sexual fantasy".
The barrister also told the court this was the first time Hall had committed an offence of this type and he was remorseful.
She said the offending occurred due to Hall being frustrated while his partner was pregnant with their second child and not having taken his ADHD medication.
Magistrate Beth Campbell was not satisfied Hall was mentally impaired, nor had a significant mental illness, as defined by the law, that could explain his "distasteful conduct".
Hall's barrister then suggested Hall be given a non-conviction order as it was "unclear if he will lose his job" at Canberra Health Services.
Prosecutor Sam Bargwanna argued Hall's sentence "needs to have an element of deterrence for the community and Mr Hall".
Ms Campbell recorded a conviction and sentenced Hall to a good behaviour order for nine months.
She said she hoped this would be a "salutary lesson" for Hall.
