A Flintshire man has been handed a Criminal Behaviour Order (CBO) for making his neighbours' lives a misery for the past six months.
Lee Moorhouse, 49, of North Street, Sandycroft, admitted three offences of failing to comply with a Community Protection Notice (CPN) when he appeared at Wrexham Magistrates' Court on Monday, 27th March 2023.
Failure to comply with the conditions of a CPN is an offence under section 48(1) of the Anti-Social Behaviour, Crime and Policing Act 2014 (more information in our earlier article).
The maximum penalty for this offence on summary conviction is a fine at level 4 (currently £2,500) in the case of an individual; or a fine not exceeding £20,000 in the case of a body.
Magistrates heard that North Wales Police had received more than 30 complaints in relation of Moorhouse's behaviour since June 2022.
He was made subject to a CPN on 26th January 2023, which required him to refrain from shouting or behaving in an anti-social manner which is likely to cause his neighbours harassment, to play his music and television at an acceptable level and to engage with substance misuse services.
The offences at hand relate to breaches of that notice in February 2023, shortly after it was made.
Lorraine McClure, mitigating, said: "He suffers significantly with his mental health - it's a form of psychosis he struggles with most.
"He tells me he hears voices and his state of reality is never quite clear for him.
"When he feels he's hearing voices, he thinks it's from his next door neighbours.
"He understands the requirements of the order but he says 'I can't help it - when people shout at me, I have to shout back.'
"He understands he shouldn't but he finds it difficult."
Justin Espie, prosecuting, submitted to the bench that the conditions for a CBO had been made out (more information in our earlier article). He asked for such an order to be made with the same conditions as the CPN.
Magistrates agreed.
Addressing Moorhouse, Sally Kemp, Presiding Justice, said: "Regarding the application for the Criminal Behaviour Order, we are in agreement with doing that.
"It means there is a lot more at stake for you now - whereas before it wasn't a criminal offence [to breach the order], now it is.
"You must abide by the rules or you'll find yourself back here."
A bit of a strange comment, because breaching a CPN is a criminal offence.
To prove the point, Moorhouse was fined £80 for the three breaches and ordered to pay £32 surcharge and £170 towards prosecution costs.
In addition, he was made subject to the CBO for a period of two years.
The maximum penalty for breaching a CBO is 6 months' imprisonment, an unlimited fine or both on summary conviction; or 5 years' imprisonment, an unlimited fine, or both on conviction on indictment.
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