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Man kicked after noise complaint

PUBLISHED: 14:31 25 November 2008 | UPDATED: 21:53 05 July 2010

A man was chased into a supermarket, pushed to the floor and kicked after he complained about the noise being made by a group of young people outside the shop, a court has heard.

A man was chased into a supermarket, pushed to the floor and kicked after he complained about the noise being made by a group of young people outside the shop, a court has heard.

Ben Ash, 20, was in a car parked outside the Asda supermarket on Horn Hill, Lowestoft, late at night on July 11 when he and his friends were approached by a man who lives nearby who was being kept awake by the noise.

Colette Griffiths, prosecuting, told Lowestoft magistrates that James Peacock, of Horn Hill, was in bed when he was woken by loud noise coming from the car park.

He went out and spoke to Ash, of Raglan Street, who was the front seat passenger in one of the two cars parked outside the store.

Ms Griffiths said: “Ash approached Mr Peacock with his teeth clenched, causing him to fear for his safety and he said he was going to beat him.

“Mr Peacock ran into the store and was chased by the defendant. He was pushed with a fist to the chest and fell to the floor. Ash repeatedly kicked Mr Peacock to the head and body seven or eight times and Mr Peacock curled up in a ball to protect himself.”

Staff at the 24-hour supermarket called the police and Ash was arrested. Mr Peacock was treated for a 2cm cut on the right side of his head as well as swelling and bruising to his left arm and ribs.

Ms Griffiths said that when he was interviewed, Ash told police he had consumed about £100 worth of alcohol and cocaine and was very drunk.

James Hartley, for Ash, said: “There is certainly an alcohol and drugs aspect to this particular matter. It was a friend's 21st birthday and the drink was flowing.

“He had been out for most of the day drinking in public houses. His recollection is patchy to say the least.”

Chairman of the bench James Goldspink said: “We have been talking about whether we should lock you up straight away. We are not impressed by your actions or your attitude.”

Ash pleaded guilty to assault when he appeared at Lowestoft magistrates court on October 24. He was sentenced last week to a two-year community order, ordered to complete 150 hours of unpaid work and to attend a substance abuse programme. He was also ordered to pay £500 compensation to Mr Peacock.

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