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Noisy sex woman loses appeal bid Noisy sex woman loses appeal bid
(about 2 hours 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.
Neighbours, the local postman and a woman taking her child to school complained about the noise.
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. She argued she had a right to "respect for her private and family life" under Article 8 of the Human Rights Act.
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". We are in no doubt whatsoever about the level of noise that can be heard in neighbouring properties, in the street and in the back lane. Recorder Jeremy Freedman, Newcastle Crown Court
I cannot describe the noise. I have never ever heard anything like it Neighbour Rachel O'Connor But Recorder Jeremy Freedman, sitting with two magistrates, rejected her claim that she could not help making the loud noise during sex.
But the judge and two magistrates said they were in no doubt that the noise was "seriously intrusive and constituted a statutory nuisance". He said: "We are in no doubt whatsoever about the level of noise that can be heard in neighbouring properties, in the street and in the back lane.
They rejected her claim that it was involuntary and unavoidable. "It certainly was intrusive and constituted a statutory nuisance. It was clearly of a very disturbing nature and it was also compounded by the duration - this was not a one-off, it went on for hours at a time.
"It is further compounded by the frequency of the episode, virtually every night."
'Shouting and screaming'
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.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."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. The court heard Sunderland City Council recorded levels of up 47 decibels.
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. Mrs Cartwright was appealing against the abatement notice, which was imposed in November 2007, and a subsequent Asbo, banning the couple from "shouting, screaming or vocalisation at such a level as to be a statutory nuisance".
She was subsequently accused of breaching that Asbo and will now stand trial at Newcastle Crown Court on 14 December. She has since been accused of three counts of breaching the Asbo, but has denied the charges and will stand trial at Newcastle Crown Court on 14 December.