Case No. 30230Public masturbation (Sexual Offences Act) · Co. Dublin · 6 Jun 2021

Man fined €400 over public sex act in Dublin M&S toilet

Jonathon dos Santos, a 36-year-old Brazilian man, was charged under the Sexual Offences Act over an incident in a Marks & Spencer toilet in Dublin on 6 June 2021. He was charged by 8 July 2021, when a bail condition banned him from the store and the case was adjourned to September. On 2 September 2021 Judge Bryan Smyth at Dublin District Court imposed a conviction and a €400 fine payable within four months, and he was spared a jail sentence. The fine is the latest development in the case.

  1. Reportednot reported
  2. Arrestednot reported
  3. Charged8 Jul
  4. In courtnot reported
  5. Verdictnot reported
  6. Sentenced2 Sep
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
A man was charged with performing a sex act in the public men's room of a Marks & Spencer store.
Where
The incident took place in a Marks & Spencer toilet in Dublin.
When
The incident occurred on 6 June 2021.
Investigation
  • Marks & Spencer had reported public sex acts in the toilet for a number of months, and undercover officers placed the toilets under surveillance investigating claims that some men were involved.
  • There was no CCTV footage of the alleged incident.
Charges
He was charged under the Sexual Offences Act and made no reply when charged.
In court
  • The case was heard at Dublin District Court, where Judge Bryan Smyth held that it should be dealt with there rather than at circuit court.
  • A bail condition banned him from the store, and the case was adjourned to a date in September for a plea.
Sentence
Judge Smyth imposed a conviction and fined him €400, payable within four months, and he was spared a jail sentence.
Other details
  • He is Brazilian, aged 36, has no prior convictions, came to Ireland several years ago and worked full time.
  • He felt there was an element of entrapment but accepted that gardaí were doing their job.
  • He was the third person to come before the courts that week on similar charges.
  • At least four other men have cases pending for similar acts at the same location, and two of them have pleaded guilty.
14 statements extracted from the articles
  • whatHe made no reply when charged (thejournal.ie)
  • whenThe incident occurred on 6 June 2021 (thejournal.ie)
  • investigationThere was no CCTV footage of the alleged incident (thejournal.ie)
  • investigationThe toilets had been placed under surveillance by undercover officers investigating claims some men were involved in public sex acts there. (thejournal.ie)
  • investigationMarks & Spencer had received reports that public sex acts had been going on in the toilet for a number of months. (thejournal.ie)
  • chargeHe was charged under the Sexual Offences Act (thejournal.ie)
  • courtJudge Bryan Smyth held the case should be dealt with at district court level rather than circuit court (thejournal.ie)
  • courtThe case was adjourned until a date in September for a plea (thejournal.ie)
  • sentenceJudge Smyth imposed a conviction and fined dos Santos €400 to be paid within four months. (thejournal.ie)
  • otherA bail condition was imposed banning the accused from the store (thejournal.ie)
  • otherHe was the third person to come before the courts that week on similar charges (thejournal.ie)
  • otherThe defendant felt there was an element of entrapment but accepted gardaí were doing their job. (thejournal.ie)
  • otherDos Santos is Brazilian with no prior convictions, came to Ireland several years ago and worked full time. (thejournal.ie)
  • otherAt least four other men have cases pending for similar acts at the same location, two of whom have pleaded guilty. (thejournal.ie)

The reporting

newest first
  1. 2 Sep2021
    Man fined €400 over performing sex act in Marks & Spencer toilet

    Reports the sentencing: Judge Bryan Smyth imposed a conviction and a €400 fine payable within four months. Also notes at least four other men have pending cases for similar acts at the same location.

    convicted, Jonathon dos Santos, 36, male, Brazilian, named, non-irishJonathon dos Santos
  2. 8 Jul2021
    Man charged with performing sex act in Marks & Spencer toilet

    First court appearance details: charged under the Sexual Offences Act, no CCTV footage available, bail condition banning him from the store, case adjourned to September. Also notes he was the third person that week facing similar charges at the same location.

    accused, Jonathon dos Santos, 36, male, named, non-irish (judged from name)Jonathon dos Santos