A WOMAN who gave her boyfriend oral sex in a busy city centre street in full view of pub customers has been spared jail.
Drinkers in Yates' Wine Lodge, in North Road, Durham City, and passers-by saw what Emma Modrate and Liam Dougherty were up to and some called the police.
Durham Crown Court heard that the scene was filmed by a CCTV camera and that a tramp stood talking with Mr Dougherty during the act.
Prosecutor Leslie Kirkup said the act was performed three times during the night of September 9 last year.
The court heard that Modrate had a long criminal history and had 69 previous convictions, appearing in court 33 times since 1998. This offence breached a 12-month suspended prison sentence she was given in February 2007 for supplying diamorphine.
Modrate, of Lawson Road, Bowburn, County Durham, admitted outraging public decency and was given a 12-month community order.
The case against Dougherty, of The Green, Thornley, was adjourned until February 27 for the preparation of a psychiatric report.
Andrew Finlay, mitigating, said Modrate had now separated from Mr Dougherty, which the probation service thought was "a positive step'' as "there is reference to considerable domestic violence''.
Mr Finlay said Modrate was cooperating with the probation service in tackling her problems.
Judge Richard Lowden, the Honorary Judicial Recorder of Durham, said: "It seems the probation service have more faith in you than I have. I have reviewed your case over the last year and it seems you have been going backwards. However, I am going to give you one more chance.''
Modrate must undergo drug rehabilitation as part of her community order
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