Chesterfield magistrates’ court heard last Tuesday how Kevin Rawson, 58, of Broadoaks Close, Chesterfield, went to his neighbour’s home, swore at him with his fist clenched and demanded he stopped making noise.
Becky Allsop, prosecuting, said: “The complainant is over 70 years old and moved into Broadoaks Close in December, last year, to be closer to family.
“He’s never had problems until the end of January.
“Around midnight he was watching TV and heard a thump at the door and it was his next door neighbour Kevin Rawson who was shouting and screaming.”
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Mrs Allsop added Rawson was urging his neighbour to stop making noise with his coughing and his dog barking and he raised his fist.
Rawson also threatened that he would get the complainant moved out, according to Mrs Allsop, and despite the victim’s apologies Rawson continued swearing.
The court heard how another neighbour saw the incident and saw Rawson banging on the complainant’s door and heard him swearing as he pushed the door open and the old man moved backwards.
Rawson told police there had been a constant sound of coughing and barking since the complainant had moved in and he had complained about him smoking outside with smoke coming into his bedroom.
Mrs Allsop added that Rawson said he had drunk eight pints of beer but stressed he had not been drunk. Rawson pleaded guilty to using threatening behaviour after the incident on January 28.
The defendant said he had suffered bereavements and was opposed to smoking after his father had died through smoking. He added that his neighbour was a nice man and he apologised.
Magistrates sentenced Rawson to a community order with a 14 week curfew. He was also ordered to pay £150 in compensation, an £85 victim surcharge and £85 costs.