” To some extent there was a conflict of lifestyles…”

York magistrates heard that a couple were packing up in their Mayfield Grove guest house at 5.30am on July 16 as they prepared to go home.

They opened the curtains and saw Nicholas Martin Scherer, 22, having sex with Adam Craig Fletcher, 29, in broad daylight in the street outside.

They called police and the two men ended up in court.

The only surprising thing is that they themselves didn’t end up in court!

Scherer was given a community order with 12 months’ supervision and a 8pm to 6am nightly curfew for 12 weeks. Fletcher, whom the court heard has learning disabilities, was given a 12-month conditional discharge and ordered to pay £85 prosecution costs.

Mitigation should be fun…

For Scherer, Harry Bayman said both men had been drinking and had taken drugs. They had met in a pub and gone on to a private party and were on their way to Fletcher’s house.

“In fact it was the end of their night out. For the witnesses, it was the beginning of their next day. To some extent there was a conflict of lifestyles,” said Mr Bayman.

Yes, that’s all it was. Two ships, passing in the night…