A young man with no history of getting into trouble with the law, but who snapped and destroyed a neighbour's stereo after months of endless partying was spared a jail sentence and ordered to perform community service.
Thomas Dow, 23, pleaded guilty to possessing a weapon (hammer), forcible entry and mischief after destroying his neighbour's stereo the evening of Aug, 21, 2006.
Defence counsel Donald Kuyek said Dow was a quiet, hard-working young man who erupted after his neighbour continually played loud music at all hours of the day.
The loud music and partying by his neighbour became such a problem, his client was often kept up all night, was forced to regularly miss shifts on his job as a cab driver and even spent many nights at his mother's residence to avoid the endless noise, said Kuyek.
"He became overwhelmed by frustration," said Kuyek.
After the neighbour moved in next door, "it turned into a hellish experience" for Dow because of constant noise and partying, said Kuyek.
Dow had also been drinking that night and took out months of frustration by breaking into his neighbour's apartment and smashing the stereo equipment, said Kuyek.
Assistant Crown attorney Andrew Slater told the court Dow lived on Elgin St. downtown and had the "misfortune" of having a bad neighbour moved in beside him last spring.
There were continuous loud parties over several months and the night in question, Dow had been drinking, broke into the apartment and eventually destroyed the stereo system, said Slater.
When he first entered the neighbour's apartment, three females were there and calmed him down when he threatened to do damage to the stereo and other personal belongings of his neighbour, said Slater.
When the neighbour and other friends arrived later, Dow again entered the apartment and on two occasions raised the hammer like he was going to hit someone, said Slater.
He never hit anyone, but did destroy a CD-turntable stereo system valued at over $2,000 and a sound mixer, he said.
Dow's neighbour eventually subdued him and knocked him unconscious, said Slater.
Because his client was drinking that night, he doesn't remember much of what happened, but does admit to breaking into his neighbour's apartment and destroying the stereo, said Kuyek.
Dow told the court he was "horrified by his own actions" that evening and that event made him realize he might have a problem with alcohol and he's sought counseling to address the problem since then.
Justice William Fitzgerald placed Dow on probation for 12 months and ordered him to perform 75 hours of community service.
