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05
Dec

A Harrogate man accused his neighbour of being “loud as f***” as he assaulted her outside their flat building.
Qumar Henry, 21, pleaded guilty to one count of common assault at Harrogate Magistrates Court yesterday (December 4).
Sarah Tyrer, prosecuting, told the court both Henry and the named victim live in the same block of flats near the centre of Harrogate.
Shortly before 10am on November 19, the victim left her flat and was walking to her car when she noticed Henry “charging towards” her.
The victim recognised Henry, but she did not know why he was suddenly being “aggressive” towards her.
The court heard Henry was shouting at the victim, telling her: “It’s going to stop here."
The victim didn’t know what Henry was referring to, but he continued to be aggressive so she started filming him.
Henry shouted at her: “You’re loud as f***.”
He also accused her of “hammering” in her flat and doing DIY.
Ms Tyrer said Henry shouted so loud another neighbour came outside and challenged him.
The neighbour put his arm between the two to stop Henry and, although the defendant continued to stare at the victim, he eventually stopped.
The victim’s statement said:
I tried to explain I have lived there for five years and never had problems with neighbours before, but that seemed to agitate him more.
Ms Tyrer told the court a member of the public who was walking along the road where the assault occurred saw the victim standing near her car as Henry shouted at her.
According to the witness, Henry, who was in the victim’s face, said: “Why are you doing this? Stop making these noises.”
The victim was not arguing back, the witness said, but they were so worried about her they called the police.
Ms Tyrer said:
The defendant was interviewed by the police and told officers he had been subject to [victim] making noise for two years and he had had enough.
He accepted he was shouting and swearing at her, and the victim filmed him while saying: ‘help me, help me’.
Henry, who has no previous convictions, conceded it was “the wrong way to behave” but told police he did not believe the victim was scared for her safety.
He also denied threatening the victim, the court heard, but admitted he was “very close to her” when shouting.
The victim said in a statement the assault made her feel “scared and vulnerable”, and she is worried a similar incident could happen again.
Henry, who was not legally represented in court, claimed he had approached the victim about the alleged noise issues several times before the offence.
He said he had spoken “calmly” to her about it previously, but lost his temper on the day of the offence.
Henry told the court:
I was not aggressive at all… by the third time I had had enough.
I do not think she was threatened by me at all. Her car door was open and she could’ve driven off. When I got back to my flat, she was still doing it.
She does not have any consideration for other people… she will be heavy on the ground. She lives above me.
Henry, who wore black leather trousers and a black fur coat in court, admitted he shouted at the victim. However, he added:
I know this is a crazy example, but teachers shout at pupils all the time… I did it and I get convicted for something that I believe was harmless.
I was wrong for shouting but to get charged for it… my record will be stained because I shouted in someone’s face.
Andrew Watson, a probation officer, said Henry is a US citizen who moved to the UK 15 years ago with his mother. He now works for the NHS.
Henry has lived at the block of flats for two years.
He said Henry accepts he raised his voice at the victim but disputes the impact she claims it had on her.
“It’s fairly clear the defendant does not understand the impact of his behaviour on others, but he says he will learn from this”, Mr Watson told the court.
He also said Henry does not have any physical or mental health problems.
The magistrates sentenced Henry to a 12-month community order, during which he must complete 40 hours of unpaid work.
He was ordered to pay £199 to the court and was made subject to a 12-month restraining order, prohibiting him from contacting the victim.
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