Noisy neighbour avoids prison despite second ASBO breach

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A noisy neighbour was sentenced to 100 hours’ community service, as a direct alternative to custody.

At Jedburgh Sheriff Court last Thursday, 25-year-old John McAulay, of Gladstone Street, admitted playing loud music at his home between November 19 and 20 last year, while on an ASBO.

Procurator fiscal Morag McLintock said neighbours heard loud music being played at about 10pm on a Friday night, and this continued for some time.

At 3am, they could hear shouting from the accused’s flat.

Police attended at 3.10am and heard arguing inside the flat.

“They had to knock a number of times, to be heard over the music,” explained Ms McLintock.

McAulay’s reply to caution was “F*** off, job on.”

Solicitor Rory Bannerman, defending, said there had been no ongoing problems between his client and his neighbours since the offence which happened some five months ago.

“Alcohol played its part, but all this seems to have been left behind him,” explained Mr Bannerman.

Sheriff Derek O’Carroll told McAulay: “Given your record and the fact that this is the second time you have been convicted for a breach of ASBO, and the misery this kind of offending causes to other people, custody is something I would have considered. I am prepared to impose community service as a direct alternative to imprisonment,” he concluded.

n A WOMAN who falsely claimed more than £6,500 benefit, was sentenced to 120 hours’ community service.

First offender Heather Park of Moss Place, Newcastleton, admitted obtaining £6,542 housing and council tax benefit, to which she was not entitled, while working part-time at the Grapes Hotel, Newcastleon, between February 2004 and May 2007. The court heard 45-year-old Park was currently repaying the sum.

Sheriff Derek O’Carroll told the accused: “It is unfortunate that a woman of your mature years, finds yourself in court for the first time.”