Eugenio Freitas banned from every supermarket in the UK

Photograph from the Daily Mirror

              Photograph from the Daily Mirror

Facts

On 8th July 2013 Eugenio Freitas went to his local Sainsburys to do some shopping, as one does. Whilst in the meat aisle however, he unfortunately “became overwhelmed by his “excessive sexual drive.”” and spent ten minutes masturbating himself (under his clothing).

At first he was given the benefit of the doubt, but after a while security were alerted and Mr Freitas was arrested. He later pleaded guilty to outraging public decency (see here for some background on this offence).

 

 

Sentence

12th December 2013 he was sentenced to six months imprisonment, suspended (seemingly) for 18 months. Attached to this was an unusual condition – not to enter a supermarket unless accompanied by an adult (probably the first time such an order has been made).

Mr Freitas has engaged in this sort of behaviour before. As a result of that, he has an indefinite SOPO against him, although the terms aren’t completely clear.

But if he goes into a supermarket (which may, or may not, be easy to define) he will be ‘breached’ – this means he will be brought back to Court and can be re-sentenced. This mean he would be able to get up to 6 months in prison

 

Comment

It is not entirely clear what power the Judge used to bar Mr Freitas from the supermarkets. Usually, this would be a term of a SOPO (or possibly an ASBO). but there the Judge seems to have attached it to the Suspended Sentence (so breach of it will not be a criminal offence in and of itself).

The two potential conditions that could apply are a Prohibited Activity Requirement and an Exclusion Requirement. It is probably the first of these. There is nothing in the law that says you can have a conditional condition (ie, not go somewhere, or do something, unless you are with another person). But then there’s nothing to say that you can’t. And most Judges are nothing if not flexible.

 

 

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About Dan Bunting

I'm a lawyer who works for myself. Legal geek, maths freak, general dullard and jack of all trades. Here’s a few views on law and occasional musings on life. Usual caveats about not relying on anything I say etc applies.

5 thoughts on “Eugenio Freitas banned from every supermarket in the UK

  1. sisterhooduk

    Exactly why those clamouring to be naked in public are barking up the wrong tree it’s never without another agenda and while this person, by all accounts, was fully clothed the inability of some to leave their genitals alone in public, flash them at others and behave otherwise objectionably and aggressively around others makes it clear why naked ramblers and their ilk need to be sent a clear message about what decent minded people consider acceptable.

    Reply
  2. Andrew

    Sisterhood: spot on.

    Of course if this chap goes to a supermarket a few miles from home and behaves himself he is not likely to get caught, and it will not matter if he does. He has to buy such essentials as groceries somewhere.

    Have you any problem with defined, marked and fenced naturist clubs and beaches? I have not, as long as there is a way past where I can’t see them and they can’t see me – I just wonder what pleasure they get from it (I mean the hyper-respectable family types who join the clubs, not the twats who wander round the streets displaying their bits) in our climate. It takes all sorts, and I can’t see that those types are doing any harm.

    Reply
    1. sisterhooduk

      Honestly I have no problem with nudity or nakedness none whatsoever I just happen to believe there is a time and a place. Naturist/nudist clubs (are they called clubs or camps) in any case I wish them all well specially when they weather starts to turn nippy! I however just want to go about my lawful business without having to deal them and or with masturbators, naked ramblers, flashers and the rest of the gang. Is that too much to ask I wonder? Apparently this means I am a neurotic woman the list of my shortcomings is growing and I may eventually have to go and live on my own private desert island.

      Reply
      1. Andrew

        I entirely agree, if I may say so. I mean about nakedness, clubs, a time and a place, etc., not about being neurotic, I think I will quite while I am ahead, good night all.

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