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A man convicted for offensive behaviour for exposing his buttocks and genitals has been granted special leave to appeal his conviction in the Court of Appeal.
Graeme White was charged with offensive behaviour after being seen wearing only a leather "bum bag" and a vest made of sackcloth while walking on a road near his property to tend to a goat.
He told Christchurch District Court last September that he dressed in that manner to express solidarity with unborn children and concern about the sex industry.
Judge Gary MacAskill convicted him. White unsuccessfully appealed to the High Court against the conviction and was also refused leave to appeal to the Court of Appeal.
But in a decision released yesterday, the Court of Appeal has granted White special leave to appeal on the question of whether the Summary Offences Act requires an intention to offend for a conviction to be successful.
Justices William Young, Susan Glazebrook and William Wilson also allowed leave to appeal on the question of whether lack of intention to offend should be taken into account in assessing if a person is behaving in an offensive manner.
- NZPA
