Sunderland man jailed for performing sex act while keeping seagull captive between his legs

A man who performed a sex act while keeping a young seagull trapped between his legs has been jailed.

David Lee, 40, from Roker Avenue, Sunderland, admitted causing unnecessary suffering to the bird at a hearing in April 2023.

He was back up before South Tyneside Magistrates today, Wednesday, June 21.

Lesley Burgess, prosecuting, told the court Lee's actions had been caught on CCTV, which had been handed to police.

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 the prosecutor said it was 'very clear' what he was doing.

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

The defendant initially pleaded not guilty and told police that he was trying to assist the bird and was checking to see if it was injured.

He claimed he had his phone out because he was trying to locate a local vet.

"That was not the case because police took the defendant's phone," said Ms Burgess.

"It was very clear he was watching pornography, animal porn particularly, at the time."

An RSPB expert had confirmed the bird would have been caused unnecessary suffering.

Ms Burgess told the bench the offence was at the upper scale of offending under sentencing guidelines.

The court heard a victim impact statement from the person who had provided the CCTV, which said: "For almost a year, the actions of this person have caused me a lot of stress and anxiety.

"I am still haunted by what he did and I am unable to get the horrendous actions out of my head."

Annalisa Moscardini, mitigating, said Lee had been drinking, could remember little of what had happened and was struggling to accept what he has done, which was why he had originally denied the offence.

A psychiatric report found he suffered from an unstable personality disorder and was detached from reality.

He was also a pathological liar whose lies served no purpose, the court heard.

"He accepts that he must have done this action but does not have a,good recollection of it and can't explain why it happened," she said.

She told the bench a psychiatrist had diagnosed Lee with an unstable personality disorder, 'which is not unusual for people who come before the courts' and was associated with detachment from reality, and pseudologia fantastica, or pathological lying, 'that is lying for no purpose or gain' and is again related to detachment from reality'.

Ms Moscardini said Lee was a heavy drinker who experienced blackouts.

“He accepts he must have done this act but he didn’t have a good recollection of it,” she said in explanation of his initial denials.

“To some extent he cannot explain what happened.”

Magistrates said the crime was so severe only a custodial sentence was appropriate, and jailed him for 24 weeks.

Lee also received a 10-year ban on keeping animals.

Angela Thompson, chairman of the bench, said: “We find this is a deliberate attempt to cause suffering and a high level of suffering was caused.”