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Rob Kennedy

Jesmond pensioner left bloodied and battered by neighbour after feud over noise

A pensioner was left battered and bloodied when he was punched and kicked by his neighbour after a simmering feud over noise.

Mark Nixon attacked a man twice his age following a dispute between the pair, who lived in flats on Osborne Road, Jesmond, Newcastle.

Newcastle Crown Court heard the victim lived on the ground floor of a three-storey building and Nixon was on the top floor.

Read more: Go here for the latest reports and live updates from North East courts

Christopher Morrison, prosecuting, said: "There's a history of neighbour disputes regarding noise between the victim and the defendant. The victim had raised the issue with him previously."

It was around 5.40pm on August 12 last year when they clashed.

The victim, in his late 60s at the time, was in a communal garden listening to music when Nixon shouted something down from his balcony.

Unable to hear what he said, the pensioner told him to come down, which he did.

Mr Morrison said: "He approached the victim with his arms held out, gesturing aggressively.

"The victim stood up, thinking he was going to be attacked and the defendant punched him to the head and body , then there were further punches and kicking.

"This was a sustained assault and lasted five to six minutes.

"The victim could do nothing but try to protect himself."

A witness saw the pensioner being attacked and said he was holding his arms up and doing nothing in retaliation.

Police were called and when they got there Nixon said there had been a long-running dispute between them and said "I just punched him two or three times".

But he had blood on his hands and footwear, the court heard.

The victim was left with significant swelling to the right side of his face, swelling to his arm and bruising to his chest.

He said in a statement read to the court that he felt scared to go home and said there was no reason for the attack, which made his anxiety and depression worse and he described it "completely out of order".

Nixon, 34, now of Rayleigh Gardens, Gateshead, who has no previous convictions, pleaded guilty to assault occasioning actual bodily harm and was sentenced to 10 months suspended for 18 months.

He was also handed a two-month curfew, a restraining order and ordered to pay £450 compensation.

Recorder Ian Mullarkey told him: "Assaults of this nature are simply inexcusable, there's no reason for what happened."

Nick Peacock, defending, said he has lost his flat and has had mental health issues for years, including bipolar, ADHD and a borderline personality disorder.

He added: "He is thoroughly ashamed of his behaviour."

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