PF v Garry McNair 2015Mr McNair failed in his appeal not to be placed on the Sex Offenders Register. Mr McNair pled guilty at Dundee Sheriff Court to the charge of public indecency after he had an oral sex act performed on him on a public bus. He was sentenced to five months imprisonment and placed on the sex offenders register.
A person can be made subject to the notification requirement in relation to a public indecency offence if two conditions are met the statute provides. One of the conditions is that a person under 18 is involved and the second is that there needs to be significant sexual element of the behaviour. The appellant argued that the sheriff has erred because it could not be said that anyone under 18 was involved in the act. The co-accused and person who performed the sex act was an adult. Therefore, he argued the first condition was not met.