Boston Magistrates Court

In court over music row

A 60-year-old Spalding man assaulted a neighbour by jabbing him in the face with a spade in a row over loud music, a court has been told.
Barry William Clarke, of Hereward Road, admitted assaulting his neighbour Owen Talbot by beating when he appeared before Boston Magistrates’ Court.
Katie Beardmore, prosecuting, said Mr Talbot lived in a flat above Clarke for around two years and in the early hours of June 2 he was playing loud music which Clarke objected to. She said he had banged on the ceiling to no avail and there had been an element of provocation.
The following morning, she said, Clarke was on the doorstep when Mr Talbot came down and there was an argument, with Clarke claiming Mr Talbot owed his lodger £100 as he had not been able to go to work that day for lack of sleep.
She said Clarke jabbed Mr Talbot on the jaw with a shovel which had caused him some pain.
The magistrates imposed a six-month conditional discharge and ordered Clarke to pay £67 in court costs.
In mitigation Neil Sands said the victim had been ‘making a thorough nuisance of himself by playing loud music all night.’
He said there had been ‘harsh words’ in the morning but stated it had been ‘six of one and half a dozen of another’. He told the court that Clarke had been doing some work outside which is why he had a shovel, and he had jabbed at Mr Talbot, and ‘ accidentally caught him on the chin.’

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