A MAN who strangled his neighbour over a noise issue has been spared jail.

Dwain Evans, of St Davids Park Spine Road, Ewloe, appeared for sentence at Mold Crown Court on Thursday.

The 34-year-old had previously admitted that on July 22 last year, he intentionally strangled and assaulted a man named Harry Jennings.

Emmalyne Downing, prosecuting, told the court that on the day in question, the defendant and victim were neighbours at an apartment building in Flint.

There had been problems between them in the past, including over gas usage.

On the day of the offence, 63-year-old Mr Jennings was cooking noodles when he slammed a door.

Evans kicked his door open and said: "banging again," before slapping him several times with force, causing him to fall onto his bed.

He then climbed onto the victim and put his hands around his throat, strangling him.

When he managed to get free, Mr Jennings picked up a kitchen knife to defend himself.

The defendant backed off momentarily, but lunged when the victim put the blade down.

Mr Jennings was pushed back onto the bed with Evans on top of him, at which point he thought his life was "over."

Evans stopped when another resident came to see what was happening.

The Leader:

Mr Jennings was left with swelling to his face, a wound to his ear and bruising.

Having heard an indication from Judge Niclas Parry that the defendant would not be receiving an immediate custodial sentence, defending counsel Suzanne Payne made brief representations on her client's behalf.

She said: "The psychological report is very detailed and sets out that he is very vulnerable.

"He is not living there now. He really should be in supported accommodation on his own, which he's been trying to get for three years."

Judge Parry told the defendant: "This would have been very scary for Harry Jennings.

"Normally someone would go to prison for something like this.


"But you've acted out of character, you've pleaded guilty and you're not there any more.

"There's a good chance now of helping you."

The Judge handed down a nine month custodial term, but suspended it for 18 months.

Evans must carry out 20 days of rehabilitation activity.

A three year restraining order was put in place to protect the victim.