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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. 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.
A judge and two magistrates heard Sunderland City Council recorded noise levels of up 47 decibels. 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".
In April, she was also given a four-year Asbo banning her from making excessive noise anywhere in England. I cannot describe the noise. I have never ever heard anything like it Neighbour Rachel O'Connor
She is accused of breaching that order and will now stand trial for that offence. 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.