A Perth man who battered his noisy neighbour with a baton after weeks of sleepless nights has been spared jail.
Exhausted Daniel Frampton snapped and confronted resident Andrew Linn at his home in the city’s Andrew Heiton Court on Burn’s Night last year.
The 31-year-old struggled with Mr Linn and repeatedly struck him with the pole across his head and body, leaving him severely injured.
Frampton admitted the January 25 2022 assault when he appeared at Perth Sheriff Court.
He was told he had avoided imprisonment “by the narrowest of margins”.
Complaints to landlord
Solicitor Linda Clark, defending, said her client had complained to his landlord several times about loud music, as well as the noise of people coming and going at all ours of the night.
“It seems that Mr Linn had been spoken to but no significant action had been taken.
“This was a situation where Mr Frampton was not sleeping.
“His sleep pattern had been completely disrupted.
“This had an affect on his mental health and his general health.
“He may suffered a heart attack which may have been as a direct result of this ongoing situation.”
Ms Clark said: “Mr Frampton rarely leaves his house but it gets to the point where he feels he has to confront Mr Linn.
“Without a doubt, if he could wind back the clock he would not have gone to Mr Linn’s door that day.
“He is remorseful and full of regret.”
Ms Clark said Frampton had continued to live along the corridor from his victim without further incident.
Events ‘spiralled’
Sheriff William Wood told Frampton: “The inescapable part of this is that you armed yourself with a baton and went to your neighbour’s door.
“It is small wonder that when a disagreement arose between the two of you, you used the baton.
“By then of course, events took on a life of their own and led to this assault by you on Mr Linn which resulted in his serious injury.”
The sheriff said: “Because of the nature of this charge I have given very serious consideration to whether there is really any proper alternative to a custodial sentence.
“There was after all a degree of planning involved.
“By the narrowest of margins, I have decided there is an alternative to custody.”
Frampton was placed on supervision for a year and ordered to carry out 300 hours of unpaid work.
He must also stay home between 7pm and 7am as part of a six-month restriction of liberty order.
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