A Sunderland man has been convicted of causing unnecessary suffering to a herring gull by performing a sex act on it.
Yes, you did read that correctly.
David Lee, 40, of Roker Avenue, Sunderland, admitted causing unnecessary suffering to the bird when he appeared at South Tyneside Magistrates' Court on Tuesday, 25th April 2023.
Causing unnecessary suffering to an animal is an offence under section 4 of the Animal Welfare Act 2006. It has a maximum penalty of 5 years' custody on conviction on indictment; 6 months' custody and/or an unlimited fine on summary conviction.
Lesley Burgess, prosecuting, outlined the circumstances of the offence: "At around 1am the defendant was seen chasing a gull down the road. The second piece of footage sees the defendant chasing the same bird down the road.
"In the third piece of footage, the defendant has a different bird in his hand. It is a smaller bird. You see the defendant with the bird in his arms and he goes a short space down the road.
"It is clear from the CCTV footage that the defendant is masturbating. The defendant places the bird close to his groin and in between his legs. He goes back to his phone and continues with the act."
She added: "He pulls his trousers up and gives a kick to the bird. He picks up his phone and starts to walk off."
The police seized Lee's phone and subsequent examination revealed he had been viewing pornography at the time of the offence.
Annalisa Moscardini, mitigating, said that her client "can't explain his actions", but has a history of mental health problems.
Ms Moscardini said she was seeking a mental health report prior to Lee's sentencing.
Kay Gilbert, Presiding Justice, said: "I have to say that as experienced Magistrates, this is one of the most unusual cases we have come across in the Magistrates' Court."
Lee was granted unconditional bail until his sentencing hearing at the same court on Tuesday, 23rd May 2023.
Update (21/6/23): Lee has now been sentenced.
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