Noisy neighbour on Asbo gets suspended prison sentence

1:00pm Friday 3rd July 2009

A 36-year-old woman on an Asbo banning her playing loud music and fighting and swearing has appeared in court for breaching the order.

Angela Johnston was made the subject of an anti-social behaviour order in January, after numerous complaints from neighbours and her drunken, aggressive behaviour.

At Dacorum Magistrates Court on Thursday Jan Muller, prosecuting, said the order states Johnston must not: “Play, or allow others to play loud music or make persistent noise, including fighting and shouting, which can be heard outside the walls of her home.”

However, a month after Watford magistrates made the order Johnston breached it when adjoining neighbours to her social housing property in Ladywalk, Maple Cross, returned home on Monday, February 16, to hear two hours of noise, arguments and foul language coming from next door.

Miss Muller said: “The defendant and her family were shouting and swearing, they were using words like f****** b****** on more than one occasion.

“After two hours of shouting and swearing the neighbours eventually phoned the police and Johnston was arrested.”

In interview Johnston said some friends had visited and “started to get mouthy” and she had told them to be quiet. She denied raising her voice.

Johnston failed to appear for her trial and was found guilty in her absence.

Shortly afterwards Johnston was evicted and was homeless at the time she breached another condition of her Asbo, which prohibits her behaving in a way which “causes harassment, alarm or distress”.

With nowhere to stay Johnston went to the Sanctuary night shelter in Exchange Road, Watford, on Friday, May 22 and “demanded” a bed for the night.

Miss Muller said: “Staff believed she was drunk and behaving in an aggressive manner and told her to go away but she continued ringing the buzzer and demanding a room.

“A staff worker arrived and after going inside Johnston refused to allow them to close the door. Then she went around the side of the Sanctuary and tried to climb over a wall to get in.”

Unemployed Johnston admitted that offence. She denied being drunk, saying the medication she was taking could give that appearance.

She also admitted a bail act offence and breach of an eight-week suspended prison sentence imposed for common assault.

Johnston, now of New Road, Croxley Green, was infamously the subject of a court order banning her going out in public with her then fiancée, and has a number of public order offences linked to her drinking.

Catherine Dormon, defending, said at the time of the incident at the night shelter Johnston was sleeping rough with a group of homeless people in a church doorway before living in a tent in the Croxley Green area.

Miss Dormon painted a tragic picture of untimely death of loved ones and abusive relationships that along with alcohol misuse contributed to a downward spiral in Johnston's life.

Miss Dormon said: “The anniversary of her partner's death was approaching and she could not cope any more emotionally and went to the shelter.

“She was not drunk, but had overdosed on her medication that night.”

Johnston was turning her life around, the court heard, and had a new partner that did not drink and ran his own plumbing business.

Miss Dormon said: “He has a counselling effect on her and she has abstained from alcohol and she is as sober as a judge today.”

The court was also told Johnston was on a community order imposed by St Albans Crown Court, and that she was responding well to the faith put in her by Judge John Plumstead.

Chairman of the bench Robin McCarthy imposed a further suspended prison sentence for a total of eight weeks.

He told Johnston: “The starting point is that you would be going into custody today, unless it would be unjust to activate the suspended sentence you are already on.

“In view of the progress that's been shown in the crown court community order and the impressive report made to Judge Plumstead we are going to make a further suspended sentence.”

He added: “You do understand, I hope, that we are giving you a chance and you should take that chance.”

Johnston will also be supervised by probation for 24 months.

Costs of £70 were awarded to be deducted from her benefits.

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