Drug user jailed for playing loud music

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Wednesday, February 01, 2012
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The Sentinel

A 28-YEAR-OLD man has been sent to jail for making his neighbours' lives a misery by playing loud music.

Two people living next door to Ainsley Duda claimed objects in their home used to vibrate due to the 'unbearable' level of noise which went on over a three-month period.

Duda pleaded guilty to harassment without violence against Patricia Dunlop and Terrence Austin between April 1 and July 2 last year at Congleton Road, Biddulph.

Clare Moss, prosecuting, told North Staffordshire Magistrates' Court yesterday: "Police were called to the defendant's address on July 2 following reports of loud music coming from the property.

"As a police officer approached the door, the defendant shouted 'what do you want' to him out of a window.

"He became abusive and was asked to open the door by the policeman, but refused to do so.

"The police officer left but neighbours asked police to go back to the house later in the day, describing the noise as unbearable and saying it had been going on for three months.

"Miss Dunlop said the music was so loud, it made things in the house vibrate, and it would go on all hours of the day."

Duda was interviewed by police and told officers he moved into the terraced property in November 2010 with his partner.

He said he had got on fine with his neighbours at first and had not received any complaints about noise levels in the past.

He told police he didn't feel playing music was a form of harassment and that he played it for his own enjoyment, and didn't think he had the volume turned up too loud.

Miss Moss added: "The two injured parties are elderly people.

"Patricia Dunlop had undergone a major operation six months before and was waiting for another operation.

"She said the incident had set her back in her recovery and made things difficult for her."

Miss Dunlop and Mr Austin have since moved to a different address in the town, the court heard.

Duda, pictured, who now lives in High Street, Biddulph, was jailed for a total of 18 weeks after he also pleaded guilty to assaulting a traffic warden on July 2.

He also admitted producing and possessing cannabis on June 10 and possessing cocaine on the same date.

Nick Ryles, mitigating, told the court: "In the last year the defendant has developed a cocaine and alcohol addiction and has been using cannabis.

"Since these offences, he has taken steps to limit and reduce his drug intake.

"He pleaded guilty to harassment on the day of his trial because he didn't want to put the two people through the trauma of having to give evidence.

"He played music on numerous occasions far too loud and didn't take into consideration that he was in a terraced property where noise can travel through walls.

"It was committed at a time when he was going through a dark period in his life.

"He didn't consider the effects the music would have on his neighbours.

"He was being rather selfish but he didn't set out to upset his neighbours, and there have been no further complaints about him since these matters came to light."

As well as jailing Duda for 18 weeks, magistrates also imposed a restraining order on him, which prevents him from having direct or indirect contact with Miss Dunlop or Mr Austin for a period of three years.

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