A 48-YEAR-OLD man who tried to have sex with a cleaning cone in a train station lift has been spared an immediate jail sentence.

Trevor Smith, of Arrivato Plaza, Hall Street, St Helens was given a 26-week prison sentence suspended for two years today at Bolton Crown Court.

The court heard how Smith committed the bizarre act of indecency at Wigan North Western train station on the night of Sunday, April 14.

Smith must also undertake up to 30 days of rehabilitation activity and be on curfew between the hours of 8pm and 6am for three months.

Judge Martin Walsh said: "No members of the public thankfully witnessed the disgusting behaviour that was taking place.

"You were heavily under the influence of drink and/or drugs at the time."

Judge Walsh added: "I want to make it absolutely crystal clear to you that if you commit an offence punishable by prison in the next two years you can expect to start the 26 week sentence."

Virgin Trains staff members Andrew Johnson and Damien Metcalfe witnessed the offence.

Prosecuting, Duncan Wilcock, told the court: "When both witnesses attended Mr Johnson looked through the glass window and could see the defendant sat on the floor with a cleaning cone upside down on his lap."

He added that Smith seen with "both 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."

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British Transport Police were alerted and when PC Armstrong arrived Smith was "on top" of the cone and appeared to be thrusting his hips as though he was having sex with the cone".

At this point, Mr Wilcock added, Smith noticed the officer and "began to pull his trousers up".

Witnesses noticed "some white substance" on Smith's face and he was initially arrrested on suspicion of a drugs offence but was later de-arrested as police "weren't sure exactly what the substance was".

Mr Wilcock added that both Virgin staff members gave personal statements saying "they were both disgusted and appalled by his behaviour but were also relieved that other rail users didn't see what the defendant was doing".

In interview, Smith told police he had been "drinking heavily that day and had been watching football and suffered with depression and somebody gave him some white powder which he believed to be cocaine".

The court heard that Smith had two similar previous convictions, relating to incidents in June 2012 and June 2016.

He was given a conditional discharge after being seen masturbating on a roof in 2012 and in 2016 was seen masturbating in a vehicle. He was later given a community order and jailed for three months in 2017 for failure to comply.

Defending, Gareth Bellis, asked the judge to consider sentences for the similar offence of exposure, stating "the guidelines fir exposure are a high level community order".

Mr Bellis added that Smith has attended St Helens Integrated Recovery Service and has been "30 days sober from alcohol and drugs, that's a genuine commitment to getting to the root cause of these offences".

He added Smith has secured "full time" employment with a plumbing firm which he could start if he avoided a prison term.

In passing sentence, judge Martin Walsh, said: "At the time of the offence, any decent member of the community who witnessed what was happening would have been utterly appalled by your behaviour.

"This is aggravated by your antecedent history".