9:23am Wednesday 14th March 2007
By Telegraph newsdesk
A karate instructor who had a sexual relationship with a 15-year-old girl has failed in his bid to persuade top judges that a two-year jail sentence was too harsh for his crime.
Ernest McKensie Wishart, 46, of Berkeley Close, Chorley, engaged in a sex act and another activity stopping short of full sex with the girl, who had developed a "crush" on him, London's Criminal Appeal Court heard.
Wishart was jailed for two years on November 9 last year, after being convicted of five counts of sexual activity with a child and one of causing a child to engage in sexual activity at Bolton Crown Court.
He asked Mr Justice Penry-Davey, sitting with Lord Justice Kay and Judge David Padget QC to reduce his sentence, claiming that his previous positive good character should have led to a shorter term.
However Mr Justice Penry-Davey dismissed his appeal saying: "The victim had a crush on him and the sexual activity was consensual and he was of positive previous good character.
"However the law is there to protect children who are growing up and this man was 30 years older than the girl and, in addition, he didn't have the benefit of a guilty plea.
"He was hard working, devoted to his family and a devoted and trusted person.
"But, although this was a severe sentence, it was not manifestly excessive nor wrong in principle and this appeal is dismissed," the judge concluded.
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