A SWIMMER'S decision to free willy at a Sunshine Coast beach created waves in a Brisbane court recently.
David Charles Winston believed a magistrate got it wrong when finding him guilty of "wilful" exposure at the region's unofficial nude beach - known commonly as Alexandria Bay or A-Bay - in January.
However, a district court judge says the Maroochydore Magistrate Court delivered the right verdict and so he rejected Winston's appeal against the decision.
Winston was not punished for the "lower end of the scale" offending when he fronted the magistrate on November 27.
The court heard a police officer was patrolling Alexandria Bay - which is not easily accessed and is considered the region's unofficial nudist spot - when he saw a man standing naked in the water.
"Not only was (Winston) in a state of undress but his genitals could be clearly seen by the police officer, albeit possibly only after the officer asked the appellant to get out of the water," the appeal documents said.
The court heard 15 of the 20 bathers on the beach were naked at the time.
Should people be allowed to get their kit off at A-Bay?
This poll ended on 14 December 2015.
Yes. Everyone knows it's a nudist beach.
No. It's not legally a nudist beach.
I wouldn't go nude myself but there should be a place somewhere for nudists to enjoy.
This is not a scientific poll. The results reflect only the opinions of those who chose to participate.
Winston rejected the magistrate's decision, arguing there was an error of law because no clothed person - other than the police officer - saw him naked and that he had a "reasonable excuse" for removing his clothes in public.
Judge Richard Jones rejected both arguments, saying he was satisfied Winston got undressed in public.
"Wilful exposure is concerned with a person who intentionally or with reckless disregard disrobes in a public place in a way that creates a real risk that his genitals will be seen by another person," he said.
Judge Jones said the defence of reasonable excuse did not apply to the case.
- APN NEWSDESK