Defendant avoids custodial sentence in outraging public decency case

July 15, 2019

A defendant represented by Victoria Smith-Swain from Exchange Chambers has avoided a custodial sentence after admitting outraging public decency.

Karly Smith, 35, had sex in broad daylight with Mark Maddison, 34, in front of afternoon shoppers in York in January.

The lewd incident was branded a “disgusting show” by Judge Sean Morris at York Crown Court.

Mitigating, Ms Smith’s barrister Victoria Smith-Swain said: “She is an extremely vulnerable young woman. She is someone who is alcohol dependant and has no recollection of this incident whatsoever.”

Judge Morris gave Ms Smith a two-year community order with 20 days rehabilitative activities.

Co-defendant Maddison was sentenced to four months in prison.

Victoria Smith-Swain was instructed by Howard & Byrne Solicitors. She is a member of the criminal department at Exchange Chambers.