A 57-year-old newly-widowed woman and her 64-year-old lover, Raymond Burr, 64 were spared some jail time after having sex on a c2c train from London to Basildon, Essex, in May.
Passengers who witnessed the lewd act between the pair reportedly asked Burr to stop pleasuring Tobyn both orally and digitally, but he declined. They were however stopped by police when they arrived at Pitsea.
Prosecutor Patrick Duffy said: ‘The first witness was with her grandson.
‘There were children in the carriage, confirmed by the second witness who said there were children aged between one and six on the train. It was lewd behaviour.
‘After the incident, the two got off the train at Pitsea and were stopped by a transport officer. Mr Burr gave his name but Ms Tobyn gave her name as Janet Green.’
Tobyn initially pleaded not guilty during her first court appearance in June this year, but changed her plea to guilty at Basildon crown court on August 2.
The couple got a lenient sentencing as they were ordered to engage in community service. Burr was told to carry out 100 hours of community service while Tobyn was told to do 150 hours.
Judge Samantha Leigh said: ‘It’s deeply unpleasant but I’m well aware of the age and the lack of previous convictions.
‘They are both adults and they are capable of making their own decisions. You were travelling back from London on a c2c train when you engaged in lewd behaviour.
‘One of the witnesses had her young grandson with her and could see what was going on. She stood up and spoke to you, she asked you to desist but you didn’t.
‘There were other children in the carriage and 6pm is a busy time. You were both drinking at the time.'
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