Thursday 5 November 2026Compiled from published reports. Every claim links to its source.

Ireland Crime

Every case followed from the first report to the sentence, or to where the reporting stopped.

Case No. 29905Public order (public masturbation) · Co. Dublin · 14 Jun 2021

Brazilian man convicted and fined for public masturbation in Dublin

Gustavo Viturino, a 32-year-old Brazilian tech worker, pleaded guilty to public masturbation in the toilet of Marks & Spencer on Mary Street, Dublin, on 14 June 2021. Two plainclothes gardaí witnessed the act, and the store had received reports of public sex acts in the toilet for several months. He appeared at Dublin District Court in July 2021, was remanded on bail pending sentencing, and in September 2021 Judge Bryan Smyth convicted him and imposed a €400 fine. Viturino was the fifth of seven men charged with the same offence at the store on dates in June 2021.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court19 Jul
  5. Verdictnot reported
  6. Sentenced28 Sep
    2 reports
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Gustavo Viturino, 32, a Brazilian national and tech worker, pleaded guilty to public masturbation at Marks & Spencer on Mary Street, Dublin, on 14 June 2021.
Where
The offence took place in the toilet of Marks & Spencer on Mary Street, central Dublin.
When
The incident occurred on 14 June 2021.
Investigation
Two plainclothes gardaí, including Garda James Smith, witnessed Viturino masturbating in the toilet.
Charges
Viturino was charged with public masturbation, a public order offence.
In court
Viturino appeared at Dublin District Court in July 2021, pleaded guilty, and was remanded on bail pending sentencing; Judge Bryan Smyth accepted jurisdiction and ordered a pre-sentence probation report.
Sentence
In September 2021, Judge Smyth convicted Viturino and fined him €400.
Other details
  • Viturino lives at Chancery Hall, Blackhall Place, Dublin, has lived in Ireland for 10 years, works in the tech sector, is studying for an undergraduate law degree, and is caring for his mother.
  • The M&S toilet had been used for public sex acts for several months and had become known among a small group of the gay community as a venue for sexual activities.
  • Viturino was the fifth of seven men charged with the same offence at the store on dates in June 2021.
  • Viturino had no prior criminal convictions and stated he did not go to the store specifically to engage in the act but was aware it was going on.
50 statements extracted from the articles
  • whatViturino is a Brazilian national with an address at Chancery Hall, Blackhall Place, in central Dublin. (thejournal.ie)
  • whatViturino is a tech firm worker who has lived in Ireland for 10 years. (thejournal.ie)
  • whatViturino had no prior criminal convictions. (thejournal.ie)
  • whatGustavo Viturino pleaded guilty to public masturbation at Marks & Spencer on Mary Street on 14 June 2021 (irishmirror.ie)
  • whatGustavo Viturino is 32 and lives at Chancery Hall, Blackhall Place, Dublin (dublinlive.ie)
  • whatViturino is a Brazilian national (dublinlive.ie)
  • whatViturino works in the tech sector (dublinlive.ie)
  • whatViturino pleaded guilty to public masturbation at Marks & Spencer on Mary Street on 14 June 2021 (dublinlive.ie)
  • whatViturino is caring for his mother and studying for an undergraduate in law (dublinlive.ie)
  • whatA criminal conviction would affect Viturino's visa (dublinlive.ie)
  • whatGarda James Smith and another plainclothes garda witnessed Viturino masturbating in the toilet (dublinlive.ie)
  • whatMarks & Spencer had received reports that public sex acts had been going on for several months (dublinlive.ie)
  • whatViturino has lived in Ireland for 10 years and had no prior criminal convictions (dublinlive.ie)
  • whatViturino did not go there specifically to do this but was aware it was going on (dublinlive.ie)
  • investigationThe garda and another plain clothes member witnessed Viturino masturbating in the toilet. (thejournal.ie)
  • investigationTwo plainclothes gardaí witnessed Viturino masturbating in the toilet (irishmirror.ie)
  • courtViturino appeared at Dublin District Court to plead guilty to public masturbation at M&S on Mary Street on 14 June. (thejournal.ie)
  • courtHe was remanded on bail pending sentencing in September. (thejournal.ie)
  • courtThe DPP directed summary disposal of the case at district court level. (thejournal.ie)
  • courtJudge Bryan Smyth accepted jurisdiction. (thejournal.ie)
  • courtJudge Smyth asked for a pre-sentence probation report to be furnished to the court. (thejournal.ie)
  • courtGarda James Smith said the accused made no reply to charge (irishmirror.ie)
  • courtJudge Smyth noted that a teenage boy could have walked into the toilets (irishmirror.ie)
  • courtDefence solicitor Paddy McGarry cited a probation report showing Viturino was frank and at low risk of re-offending (dublinlive.ie)
  • courtJudge Smyth noted a teenage boy could have walked into the toilets (dublinlive.ie)
  • sentenceHe was convicted and fined €400 (irishmirror.ie)
  • sentenceViturino was convicted and fined €400 (dublinlive.ie)
  • otherHe was the fifth man to appear in court in recent weeks charged with the same offence at the department store. (thejournal.ie)
  • otherMarks & Spencer had received reports that public sex acts had been going on for a number of months. (thejournal.ie)
  • otherStaff tried to stop the behaviour but gardaí had to become involved. (thejournal.ie)
  • otherThe M&S toilet had become known among a small group of the gay community as a venue to engage in sexual activities. (thejournal.ie)
  • otherViturino did not go to the store specifically to engage in the act but was aware it was going on. (thejournal.ie)
  • otherHe tried to communicate with a male in the toilet. (thejournal.ie, irishmirror.ie)
  • otherThe defence submitted the case involved consenting individuals engaging in consensual sexual activities. (thejournal.ie)
  • otherA conviction could affect Viturino's employment and visa. (thejournal.ie)
  • otherViturino had brought €500 to court in the hope the case would be struck out. (thejournal.ie)
  • otherFour other men appeared at the same court in the last two weeks accused of lewd behaviour in the same M&S store toilet area. (thejournal.ie)
  • otherThree other men, including a married father of three, were granted bail to appear in September to enter pleas. (thejournal.ie)
  • otherSeven men have been charged with the same offence at the department store on dates in June (irishmirror.ie, dublinlive.ie)
  • otherHe is a Brazilian national living at Chancery Hall, Blackhall Place, Dublin (irishmirror.ie)
  • otherHe works in the tech industry (irishmirror.ie)
  • otherHe has lived in Ireland for 10 years (irishmirror.ie)
  • otherHe had no prior criminal convictions (irishmirror.ie)
  • otherHe is studying for an undergraduate degree in law (irishmirror.ie)
  • otherHe is caring for his mother (irishmirror.ie)
  • otherA criminal conviction would affect his visa (irishmirror.ie)
  • otherMarks & Spencer had received reports that public sex acts had been occurring in the toilets for several months (irishmirror.ie)
  • otherThe toilet had become known among a small group of the gay community as a venue for sexual activities (irishmirror.ie, dublinlive.ie)
  • otherHe was affected by the media publicity the case received (irishmirror.ie)
  • otherHe did not go to the toilet specifically for the purpose but was aware it was going on (irishmirror.ie)

The reporting

newest first
  1. 28 Sep2021
    Sentenceddublinlive.ie, its first report
    Student who masturbated in front of garda in Marks & Spencer toilet spared jail

    Details the sentencing, defence arguments including a probation report and visa concerns, and garda testimony that the toilet had been used for public sex acts for several months.

    convicted, Gustavo Viturino, 32, male, Brazilian, named, non-irishGustavo Viturino
  2. 28 Sep2021
    Sentencedirishmirror.ie, its first report
    Student who masturbated in front of garda in Marks & Spencer toilet fined €400

    Reports the conviction and €400 fine for public masturbation at Marks & Spencer, Dublin, on 14 June 2021, noting that seven men were charged with the same offence at the store in June.

    convicted, Gustavo Viturino, 32, male, Brazilian, named, non-irishGustavo Viturino
  3. 19 Jul2021
    In courtthejournal.ie, first report
    Fifth man appears in court charged over public sex act in M&S toilet

    Viturino pleaded guilty and was remanded on bail pending sentencing in September; the court heard the M&S toilet had been under garda surveillance after becoming a known spot for public sex acts; four other men had appeared in court in recent weeks for the same offence at the same store.

    accused, Gustavo Viturino, 32, male, Brazilian, named, non-irishGustavo Viturino