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4 weeks ago
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A willy-waving drinker who flashed a woman in a fit of anger, 'terrifying' her family and neighbours, has avoided punishment. Jonathan Plowright, 48, of Guy Road in Wallington, was handed an 18-month conditional discharge at Croydon Crown Court on Monday (March 11) after admitting outraging public decency on the first day of his trial on January 14.
The court heard Plowright already had 'bad blood' with the woman when he turned up drunk outside her home, ranting and swearing at her before smashing part of the property with an iron tow bar. He then threatened to damage her Ring doorbell camera before 'pulling out his penis and waving it around', prosecutor Bill Gatward told the court.
Judge Elizabeth Smaller said it was 'not a sexual act', rather an 'intimidatory' one 'designed to make her feel uncomfortable'. Mr Gatward said the act had was 'terrifying' for those inside the woman's home. In her victim impact statement, the 'very upset' woman said she found the flashing particularly distressing.
When Plowright was arrested he was still drunk and made no comment under questioning. He initially denied exposure, which is a sexual offence, but pleaded guilty once this was amended to the the offence of outraging public decency, which requires the act was 'lewd, obscene, or disgusting' in front of at least two members of the public. Plowright also admitted criminal damage and threatening criminal damage.
Defence counsel Mark Dakin said his client was 'highly ashamed and embarrassed' and wanted to offer his apologies to the victim. Judge Smaller said she got the impression Plowright was 'extremely embarrassed', adding: "I'm quite sure this episode looms large in his brain, if indeed he can remember very much of it. It was distasteful and unpleasant for the woman and those who had to watch it."
Judge Smaller also considered Plowright's long history of alcoholism, diagnosis of bipolar disorder, and the effect of being made redundant in 2016 due to mental health issues. The judge said it was a 'personal tragedy' that Plowright's family had cut off all contact with him, and social services had banned him from seeing his youngest children.
The judge 'put trust' in Jonathan Plowright
While the offence fell short of warranting a prison sentence, Judge Smaller said she could not make a community order in the absence of a pre-sentence report. She explained the lead time for probation reports had double from four to eight weeks due to congestion in the justice system, and in this case the probation service had asked for even more time to produce one for Plowright.
Opting not to waste further court time and allow Plowright to get back to his alcoholism recovery, Judge Smaller gave him a conditional discharge of 18 months so he can continue attending Alcoholics Anonymous. "That is the court putting you on trust, and the trust of you attending AA three times a week, and the trust social workers may place in you," she added.
Plowright must also abide by a restraining order that means he cannot contact the woman for five years. "If you breach that, that is a criminal offence. You could be arrested and brought back to court," the judge warned.
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