Neighbour basher faces music
A TASMANIAN man has escaped jail after attacking a neighbour who was playing loud music.
Kayden John Bramich, 28, pleaded guilty to one count of assault and two charges relating to the injury and destruction of property.
Bramich’s neighbour and some friends had arrived home about 6am on January 14, 2018, after a night out and were playing music from the rooftop.
The noise drew several nearby residents out of their homes to see what was going on.
Bramich, who had previously complained to the neighbour about the loud music and reported it to police several times, went to the house to confront the resident.
When Bramich’s knocks at the door went unanswered, he entered the unit.
Justice Michael Brett said Bramich had entered the unit to ask the neighbour to turn down the music. However, the confrontation turned violent.
“You grabbed the front of his shirt and punched him four times to the face. You pushed him into a window, causing it to break. You then grabbed him around the neck as if placing him in a headlock and applied pressure to his neck. You did this with considerable force. You then desisted from the attack and left the unit,” Justice Brett said.
“Your explanation of your conduct is that you did not go to or enter the unit with the intention of assaulting this man, but that when you saw him, your frustration and anger took over.”
Justice Brett said while the neighbour’s habit of playing loud music late at night from his rooftop resulted in “considerable nuisance”, Bramich’s actions were serious.
“I accept that the circumstances you have described did amount to actual provocation, and that you committed the assault spontaneously and in the heat of the moment. However, what you did constituted a serious crime,” Justice Brett said.
Justice Brett said he accepted Bramich’s lawyer’s submission that the assault was out of character.
Bramich was sentenced to eight months’ imprisonment, suspended for 12 months on condition he not commit another offence punishable by imprisonment during that period. He was also ordered to pay $280 compensation.