Kelowna Law Courts. (Michael Rodriguez - Capital News)

Kelowna man sentenced to four months in prison for committing indecent act offence

Joseph Perkins pleaded guilty to masturbating at the intersection of Harvey Avenue and Gordon Drive in January

~Warning: This story contains graphic information that might be sensitive to some readers. ~

A Kelowna man was sentenced to four months in prison, followed by 12 months of probation, after pleading guilty on Friday, July 31 to committing an indecent act.

Joseph Perkins, 37, was arrested on Jan. 22 after police received reports of a man who had his pants around his knees as he masturbated outside of the intersection of Harvey Avenue and Gordon Drive.

“(Perkins) was trying to make eye contact with drivers as they drove by. There were no pedestrians around,” said Crown counsel Mallory Treddenick.

Perkins was located and apprehended shortly afterwards at the Capri Centre Mall, where he made lewd remarks towards the officer after he was taken into custody, according to Treddenick.

READ MORE: West Kelowna flasher sentenced to one more day

Perkins was charged for a similar offence in February 2017 and for which he was sentenced to six months in prison for exposing his genitals to people under 16. He is still on probation for this offence, which expires in February 2021.

“He entered an aquatic centre, he was in a family change room and he was masturbating in the direction of small children — small females and an infant boy,” said Treddenick.

Given his history and his inability to engage in rehabilitation programming as advised by his probation officer for his 2017 offence, Treddenick proposed that Perkins serve four months in prison and another probation term so that he undergoes more rehabilitation.

“Probation was equally conflicted … but ultimately, that was the decision out of importance to the public. They characterized Mr. Perkins as an untreated sex offender,” she said.

While defence lawyer Tiffany Zanatta agreed that a four-month sentence was appropriate, she objected to the notion that Perkins serve another probation term.

“I understand the crown’s concerns and probation’s concerns. However, should he be put on to another probation order, he’s likely to spend a chunk of that time in custody, because of his circumstances and his difficulties with reporting due to his lifestyle and lack of support,” said Zanatta.

She revealed that Perkins — who came to Kelowna 12 years ago from Lindsay, Ont. — has been living “on the fringes of society” for the past four years.

“He’s been of no fixed address, he occasionally works at orchards. He doesn’t have a cell phone,” she said.

Perkins’s struggles with probation orders, she continued, is largely a result of his struggles with mental health and his living circumstances.

“It’s not that he’s not willing to participate in the programming — its that he faces significant struggles making appointments, dates,” she said.

Judge Andrew Tam ultimately decided to extend Perkins’s probation period to 12 months, which will begin following the completion of his sentence.

“In my view … probation is required in order to meet the objectives of rehabilitation as well as protection of the public,” said Tam.

Perkins has just over two months remaining on his four-month sentence due to enhanced credit for time already served.

Do you have something to add to this story, or something else we should report on? Email:


Like us on Facebook and follow us on Twitter.


Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Anti-gang cops probe Kelowna’s street-level drug trade over B.C. Day long weekend

CFSEU’s Gang Enforcement Team was deployed to Kelowna last weekend

Roots & Blues announces ticket giveaway ahead of online festival

The festival is streaming free online this year, but those who pre-register can win passes for 2021.

Property tax late fees to kick in soon: City of Kelowna

Nearly 84 per cent of property owners paid their taxes by July 31

Man allegedly wielding knife at Kelowna Superstore arrested

The 29-year-old Kelowna man has been released on strict conditions for a future court date

YMCA reopening Kelowna pools

Kelowna Family Y and H2O Adventure and Fitness Centre reopening Monday, August 10

371 British Columbians battling COVID-19, health officials confirm

Thursday (Aug. 6) saw a second straight day of nearly 50 new confirmed cases

Smoker Farms bringing craft-style cannabis to Beaverdell

Husband-wife team growing small-scale cultivations of marijuana

Penticton man wakes to wildfire, forced to evacuate

A wildfire sparked off the side of Highway 97 near Penticton on Thursday

Visitors and non-residents entering closed remote B.C. First Nation’s territories

With limited resources, they say they don’t have any authority or power to enforce the closures

UBC loses appeal on Fisheries Act convictions

BC Supreme Court upholds order to pay $1.55-million fine

Masks to be mandatory on BC Transit, TransLink starting Aug. 24

Both BC Transit and TransLink made the announcement in separate press releases on Thursday

Acclaimed B.C. actor Brent Carver passes away

Carver, one of Canada’s greatest actors with a career spanning 40 years, passed away at home in Cranbrook

B.C. would not send students back to school if there was ‘overwhelming risk’: Horgan

Plan has left many parents across the province worried about their children’s safety

Most Read