Sunderland man jailed over performing sex act with seagull between his legs is released after sentence appeal

A man jailed over performing a sex act while keeping a gull captive between his legs has been freed after having his prison term replaced with a suspended sentence

David Lee, then 40, from Roker Avenue, Sunderland, was sentenced to 24 weeks in prison following a hearing at South Tyneside Magistrates Court on June 21, 2023.

The offence took place in a back street off Gladstone Street, Roker, at 1am on August 17, 2022.

At the time, magistrates said “only a custodial sentence was appropriate”.

At an earlier hearing in April 2023, Lee admitted causing unnecessary suffering to the bird.

During the hearing the court was shown two clips of Lee which were caught on CCTV.

The first clip showed Lee chasing a gull down the street. The next showed him with a smaller, younger bird which he had taken into a back alley.

He had taken his phone out of his pocket and balanced it on a box. He then put the bird between his legs, and prosecutor Lesley Burgess said it was 'very clear' what he was doing.

Speaking at the time Ms Burgess said: "For a time, the defendant is engaged in a sexual act with the baby seagull.”

Lee had initially pleaded not guilty, claiming he believed the bird was injured and he was using his phone to try and locate a vet.

However the police had taken Lee’s phone and checks showed he had been watching porn at the time.

Lee appealed the sentence and following a hearing at Newcastle Crown Court on July 7, the judge decided to suspend his initial 24-week prison term for two years.

He had been behind bars for 16 days after being locked up following the initial sentencing hearing. 

The basis of his appeal was that the defendant had “housing on the outside, which he would have forfeited if he had remained in custody” and therefore a suspended sentence was more appropriate.

During the original hearing, magistrates heard Lee had been drinking and had little recollection of the incident.

Following the appeal hearing he was also imposed with an alcohol abstinence monitoring requirement for 120 days. Lee was also ordered to undertake 30 days of rehabilitation, the details and specific activities of which will be decided by the Probation Service.

During the appeal the judge was provided with a psychiatric report which had been prepared on the defendant. The judge also said they did not wish to view the CCTV footage of the incident.