CALGARY - Taking pictures up women's skirts with a hidden camera has landed a fired Calgary Transit driver a year's probation.
But Donovan Lindsay Beppo won't be left with a criminal record as long as he successfully completes his probationary term, a judge ruled Thursday.
Provincial court Judge John Bascom agreed with defence lawyer Jim Lutz a conditional discharge was appropriate in Beppo's case.
Bascom noted Beppo has already suffered "extra-judicial sanctions" which serve as a form of punishment for his July 23, 2009, crime.
Beppo -- who pleaded guilty to voyeurism -- was fired from his job of 18 years, has brought shame to his family and has suffered publicity over his case, the judge said.
"I ... note the extra-judicial sanctions that have been imposed," Bascom said.
Crown prosecutor Susan Pepper had sought a suspended sentence with probation of up to 18 months arguing there is a need for general deterrence in such cases.
Pepper said Beppo, 48, was arrested after a woman who was crouching to reach some books at the Crowfoot Public Library noticed a box with a camera inside it was being positioned to look up her skirt.
The woman complained to staff who ultimately found the box and camera on a book shelf.
Police later examined the items and found photographs on the camera, Pepper said.
"There were other pictures of, essentially, women's undergarments -- looking up a skirt," she said.
Beppo, who fled the scene, was able to be tracked down through his licence number.
He later confessed to police to taking photographs of more than one woman, Pepper said.
"The accused did ... admit that he had taken pictures with that camera in the library," she said.
In successfully seeking a conditional discharge, Lutz noted two psychologists found his client posed little risk to reoffend.
"This appears to be anomalous (behaviour)," Lutz said.
The terms of Beppo's probation include that he get counselling, not possess any devices which can capture images and complete 100 hours of community service.
kevin.martin@sunmedia.ca