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Noisy sex woman loses appeal bid | Noisy sex woman loses appeal bid |
(30 minutes later) | |
A woman who was banned from making loud noises during sex has lost an appeal against her conviction. | A woman who was banned from making loud noises during sex has lost an appeal against her conviction. |
Caroline and Steve Cartwright's love-making was described as "murder" and "unnatural" at Newcastle Crown Court. | |
Mrs Cartwright, 48, from Washington on Wearside, lost the appeal against a conviction for breaching a noise abatement notice. | Mrs Cartwright, 48, from Washington on Wearside, lost the appeal against a conviction for breaching a noise abatement notice. |
The court heard Sunderland City Council recorded noise levels of up 47 decibels. | |
Mrs Cartwright appealed against the conviction using Article 8 of the Human Rights Act to argue she had a right to "respect for her private and family life". | Mrs Cartwright appealed against the conviction using Article 8 of the Human Rights Act to argue she had a right to "respect for her private and family life". |
I cannot describe the noise. I have never ever heard anything like it Neighbour Rachel O'Connor | |
But the judge and two magistrates said they were in no doubt that the noise was "seriously intrusive and constituted a statutory nuisance". | |
They rejected her claim that it was involuntary and unavoidable. | |
Next door neighbour Rachel O'Connor told the court she was frequently late for work because she overslept having been awake most of the night because of the noise. | |
She said: "The noise sounds like they are both in considerable pain. I cannot describe the noise. I have never ever heard anything like it." | |
Mrs Cartwright was appealing against the original abatement notice, which was imposed in November 2007. | |
Since then, she has been found guilty of breaching the order and given a four-year Asbo banning her from making excessive noise anywhere in England. | |
She was subsequently accused of breaching that Asbo and will now stand trial at Newcastle Crown Court on 14 December. |