Man caught having sex with plastic cone is jailed after performing lewd act on a balcony

A pervert who was caught having sex with a plastic cone in a lift has been back in court for standing naked on the balcony of his apartment performing a lewd act.

A shocked neighbour spotted Trevor Smith shortly before 10pm naked apart from a pair of boxer shorts pulled down to his knees.

He had one hand on the ledge and was looking down where a mixed group of young teenagers were passing.

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When he stepped back the woman, who lived in an adjacent apartment block, was alarmed to see he was performing a lewd act, Chris Hopkins, prosecuting, told Liverpool Crown Court.

Trevor Smith leaving Wigan Magistrates' Court in 2019

“She was horrified, she felt physically sick especially because there was a group of youngsters walking past and he was looking out towards them. It was disgusting and she telephoned the police.”

Mr Hopkins described the road, Hall Street in St Helens, as “a busy road and anyone could have seen what he was doing.

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“Police officers arrived and went to his flat and he answered the door now wearing a towel .He was out of breath and sweating. When they went into his bedroom they found a bag of cannabis. One looked at his mobile phone and could see pornography physically on display on the screen.”

Smith, 50, of Arrivato Plaza, Hall Street, appeared at Bolton Crown Court in October 2019 and given a 26-week suspended prison sentence for outraging public decency.

That court heard that he was caught sitting on the floor of a lift at Wigan North Western railway station with a yellow cleaning cone on his lap. His trousers and underpants were down and he was thrusting his hips into the cone.

When a British Transport Police officer arrived he saw Smith lying on top of the cone and thrusting his hips "as if he was having sex with the cone".

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He also has other convictions for outraging public decency and his lawyer Mark Phillips said today that while on remand the defendant “has realised all of his offending relates to drug abuse.”

He has started a course in prison to address this and “hopes to restart his life and hopefully there will be no more offending.”

He pointed out that Smith lived in a sixth-floor apartment and it was unlikely that the passing teenagers would have seen what was happening.

Smith pleaded guilty to exposure, possessing cannabis and breaching his suspended sentence. He was jailed for a total of 10 months and ordered to sign the Sex Offenders Register for seven years.

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Judge Stuart Driver, QC, said the aggravating features were that Smith had been focussed on a group of teenagers and this was the fourth time he had appeared in court for similar conduct.

He accepted that Smith had carried out the community element of his suspended sentence which now only has five months to run.

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