A 56-year-old man who was jailed for having sex with a woman in a Halifax supermarket car park has won his appeal against his prison sentence.
Raymond Thorpe was sent to prison for 13 weeks by Calderdale magistrates last month after he was seen having sex in a Fiat Punto which had been parked up at the Asda store on Thrum Hall Lane last July.
Although the store was shut at the time Thorpe’s hopes that they would not be seen were dashed when a woman visiting her parents’ home nearby spotted their behaviour from a window overlooking the car park.
The Punto had been parked in an overflow car park some way from the store, but staff were still in the area and shortly before some children had been playing in a nearby street.
During the incident, which took place at about 6.45pm, the witness’ husband shouted at Thorpe and tried to attract the attention of security staff.
Prosecutor Martin Sleight told Bradford Crown Court that Thorpe’s buttocks were seen by the witness and at one stage he threw a condom out of the car window.
Thorpe, of Free School Lane, Halifax, pleaded guilty at the magistrates court to a charge of outraging public decency, but after he was sent to prison last month he appealed against the sentence.
Judge Peter Benson and a magistrate decided that the prison term should be quashed and replaced with a 12-month community order which included 100 hours unpaid work.
Judge Benson said they had taken account of the fact that Thorpe had spent 16 days in prison.