A MAGISTRATE is being asked to consider if an act of indecency can be committed against someone who is oblivious to what is happening.
An Elermore Vale man pleaded not guilty yesterday to performing an indecent act towards an 18-year-old woman at Wallsend. Stephen Mark Soper was caught near Tyrrell Street with his right hand in his shorts as the woman walked by, Newcastle Local Court heard.
The woman, who was using her mobile phone and listening to music via headphones, was oblivious to Mr Soper's actions.
Defence barrister Mark Preece said Mr Soper, 44, of Pisces Avenue, had not committed an act of indecency towards the woman because she was unaware of his actions.
The case continues.
- Stephen Ryan
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