against conviction in the Luscious Lollipops case.

But Chief Justice the Hon. Sir James Astwood said he would hear arguments against sentence at a later date.

In February, Cann and Frost were fined $400 and $500 respectively by Magistrate the Wor. John Judge.

They were convicted of knowingly exhibiting an indecent performance in a public place, namely the Prison Officers' Club, Sandys.

The charge related to a show by six American women, billed as "The Luscious Lollipops'', which featured lewd acts.

Defence lawyer Mr. Saul Froomkin Q.C., told the appeal hearing the performance was only open to men, and was held in a private place.

Neither Cann nor Frost knew the girls would get carried away on a "frolic of their own'' and commit indecent acts, he argued.

The Chief Justice, however, said evidence before Mr. Judge clearly indicated the pair had knowledge.

Promotional material suggested the type of performance intended, for example, he added. Since Cann and Frost said nothing at their trial, Mr. Judge could only review evidence before him, said the Chief Justice.

Mr. Stephen Harrison represented the Crown Counsel at the appeal and the trial.