Suspended prison sentence for St Helens man caught having sex with cleaning cone at Wigan railway station

A man caught having sex with a cleaning cone at a railway station has avoided an immediate prison sentence.

Trevor Smith, 48, was instead given a suspended sentence at Bolton Crown Court on Thursday morning, after previously admitting outraging public decency.

Trevor Smith leaving an earlier hearing at Wigan and Leigh Magistrates' Court

Trevor Smith leaving an earlier hearing at Wigan and Leigh Magistrates' Court

The court heard Virgin rail workers found Smith sitting on the floor in a lift at Wigan North Western with a cleaning cone on his lap at around 9.30pm on Sunday, April 14.

Duncan Wilcock, prosecuting, said: "At that stage they could simply see the defendant with perhaps the top of the cone on top of Mr Smith.

"But they then opened the door to the lift and could see that the defendant's trousers and underpants had been pulled down and the cone was on top of him and he appeared to be thrusting with his hips into the cone."

British Transport Police were alerted and Smith was interviewed the following day.

The court heard he said he had been drinking heavily while watching football and had been given white powder, which he believed was cocaine.

He thought he was in a locked room but could not remember anything further, though thought his trousers may have fallen down.

Mr Wilcock said Smith had eight previous convictions dating back to 1989, including two for outraging public decency.

In 2012 he was seen on the roof of a kitchen on Bickershaw Lane, got on all fours and started performing a sex act. Wigan magistrates imposed a conditional discharge.

He was given a three-year community order at Liverpool Crown Court in 2016 after being caught performing a sex act in a car on Glebe Street in Leigh. The sentence was revoked the following year when he did not comply and he was sent to prison for three months.

Gareth Bellis, defending, asked Judge Martin Walsh, the Honorary Recorder of Bolton, to consider suspending a prison sentence so that he could work with the probation service on rehabilitation activities.

He said: "The defendant is under no illusion that this matter will cross the custody threshold. It's whether or not your Honour can take a step back from an immediate custodial sentence and impose a suspended sentence that would hang over him for the period of that suspended sentence, along with a number of rehabilitation activity requirements which would, in my submission, directly address the problem at hand.

"The previous convictions will not have gone unnoticed by your Honour. All relate to drugs or alcohol. This offence directly related to drugs and alcohol.

"Whilst there will be some assistance given to the defendant in the custodial setting, it's not the same, in my respectful submission, as a probation officer regularly having contact with the defendant and getting to the root cause of what is creating these offences."

He said Smith has been sober from both drugs and alcohol for 30 days and had been offered employment with a plumbing firm in Ince.

Sentencing, Judge Walsh told Smith: "It seems to me that the public interest is probably consistent and concurrent with your personal interest in that you be given an opportunity in working with the probation service, but if you fail to do so, then you will be going to prison."

He imposed a 26-week prison sentence, suspended for two years.

Smith, of Arrivato Place, Hall Street, St Helens, was ordered to do 30 days of rehabilitation activity and serve a three-month curfew from 8pm to 6am, starting today.