A NOISY neighbour repeatedly punched the man who complained about the racket, the victim filming the attack on his mobile phone.
Daniel Joseph punched neighbour Kelvin Mrewa several times in the face and knocked him to the floor, kicking him when he was down and also threw a bike at him following a row over noise in Worcester.
Joseph ended up either throwing or knocking the victim's mobile phone out of the window, cracking the screen.
The 44-year-old of Gamekeepers Drive, Brickfields, Worcester, already stood convicted of assault by beating, criminal damage and failing to surrender to custody when he appeared before magistrates in Worcester on Thursday for sentence.
Mark Hambling, prosecuting, said Joseph was 'playing loud music in his flat'. "The injured party remonstrates because he says he can hear that music" said the prosecutor.
Mr Mrewa knocked on Joseph's door and has 'videoed the whole incident', the court heard.
"He asked Mr Joseph to turn the music down. Mr Joseph came out of his flat and Mr Mrewa will say there's an attack on him. He's punched three or four times to the left and right side of his face, causing him to fall to the floor. While on the floor it is alleged that a kick - at least one kick - has taken place" said Mr Hambling.
A bike was also thrown at Mr Mrewa who sustained two cuts to his leg as a result. Mr Hambling said the incident then 'progressed' with Mr Joseph throwing Mr Mrewa's phone out of the second floor window, causing the screen to crack.
Mr Hambling added: "I can only surmise that is because he is being videoed (on the phone)."
Judith Kenney, defending, said her client was not in a fit state to perform unpaid work as a punishment. She also told magistrates he had lost his job working with an agency after the first lockdown from March 23 last year and there had been 'no furlough for agency workers'.
Mrs Kenney explained that he had underlying health problems and had to attend Worcestershire Royal Hospital in Worcester, spending four days in intensive care because of a perforated renal ulcer before being moved to Birmingham, spending six or seven weeks in hospital under medical care.
Joseph has also been on dialysis, required to keep him alive. Now on Universal Credit, she said Joseph was in rent arrears of £2,000 and had Council Tax debts of £700.
She also said no evidence had been provided about the damage to the mobile phone screen.
Magistrates imposed a 12 month community order to include 25 rehabilitation activity requirement days. They also placed Joseph on a six week curfew between 9pm and 8am.
The bench also ordered him to pay £150 compensation for the phone, £100 costs and a £95 victim surcharge.
Although no restraining order was made, Joseph was ordered not to have direct or indirect contact with the complainant.
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