A MAN has escaped a criminal conviction after being caught masturbating at the Port Douglas Sea Temple Resort.

Grant Andrew Dwyer, from NSW, had been holidaying at the popular resort with his wife on Sunday 28 May before their trip took an unexpected turn, the Cairns Magistrates Court heard yesterday.

The heavily intoxicated guest was found with his pants around his ankles in the courtyard of another guest’s room with a bottle of lubricant, before he decided to enter the apartment.

Police said in court the man then fell over a cot with a sleeping baby inside it before eventually being evicted.

The 41-year-old’s solicitor said his client was ashamed and embarrassed by his actions and had mistakenly entered the premises thinking it was his own room.

He pleaded guilty to one count of committing an indecent act in a public place and received a $250 fine. He had no prior criminal history.