Dad avoids prison after row over loud music

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A plumber who punched a man when he told his stepson to turn down his music has avoided a jail sentence.

Nicholas Cogle, 38, “waded into” a row between his stepson Dominic Carr and a man called Stuart Smith, who had confronted Carr and his pals as they played loud music from a shed.

Preston Crown Court was told the incident happened in the early hours of June 19 last year, at a garden behind a house in Seven Stars Road, Leyland.

Mr Smith, who lived in the property next door, went into his garden to cool down after a family argument. The court was told Mr Smith shouted over the fence at Carr, 18, and his pals to turn down loud music in their shed, but went round to confront them when they ignored him.

The court heard Carr got his stepfather, Cogle, round to try to sort out the situation. But Cogle punched Mr Smith, 24, in the face before Carr also struck him once. Mr Smith fell to the ground but escaped back over the fence with a cut mouth and loose teeth.

Cogle and Carr, of Cowling Lane, Leyland, both admitted assault occasioning actual bodily harm. Both also pleaded guilty to common assault, after pushing Mr Smith in the chest outside a pub in Leyland, following an exchange of words on the day the case was due to go to trial.

James Hawkes, defending Cogle, said he intervened in the garden and “waded in” because Mr Smith appeared threatening. Mr Hawkes said: “He was influenced by drink. He was not out looking for trouble and was minding his business at home.

“Effectively, he waded in and threw some punches at Mr Smith, intending to ask questions afterwards.”

The court heard Carr was of previous good character and had shown remorse. Recorder Nicholas Fewtrell told Cogle if he had not pleaded guilty, he would have faced a prison sentence if convicted.

He said: “It was for you to ensure the situation didn’t get out of hand and it’s disappointing to note you poured fuel on the flames.”

He sentenced Cogle to a community order with a two-year supervision requirement and 150 hours unpaid work. He must pay £750 costs and £375 compensation.

Carr also received a community order with a two-year supervision requirement and 100 hours unpaid work. He must pay £300 costs and £375 compensation.