Chesterfield man dragged from flat by hair and beaten over noise complaint

The victim, heaved down the stairs of a block of flats, was battered in a communal grass area in front of shocked neighbours while one of his assailants grasped a six-inch kitchen knife.

Derby Crown Court heard how the assault broke out after the victim reported his neighbour, James Kirk, to the council for making excessive noise.

Prosecutor Sarah Slater described how on June 7 Kirk, 26, appeared at the victims window with another male.

After refusing to let the two men in they attempted to climb through the window, eventually barging through a door, yelling ‘come on, get out. You’re having it’.

Ms Slater said: “They were able to open the door and dragged him out by his hair. The defendant had a kitchen knife in his hand with a six-inch blade.

"He was dragged down the stairs by the second male – they began kicking, stomping and punching him.

"The defendant said ‘you’re getting it for grassing me up’.”

Kirk and his co-defendant – who was not in court when Kirk’s case was heard – caught up with the victim again when he broke free as Kirk “lunged” at him with the knife.

The attack came to an end when neighbours appeared at the scene. The victim, left bloodied and bruised, later said his “whole face and body” just hurt.

Police arrived, having already been called out earlier the same day to reports that Kirk was drinking in the flats’ car park.

The court heard Kirk had previous convictions for battery and possession of a bladed article.

James Horne, defending, said Kirk was “no stranger to trauma” – experiencing an “exceptionally difficult” time due not being allowed to see his daughter.

However, he said Kirk, already having served four months at HMP Nottingham, had been commended while in custody for his work in a bicycle recycling scheme.

Kirk, of Green Farm Close, Holme Hall, admitted threatening a person with a sharply pointed article in public and assault with actual bodily harm

Judge Shaun Smith KC, handing Kirk nine months jail, told him: “The fact is you’re somebody who very easily loses his temper – twice you have resorted to taking a knife with you.

"Clearly, if the knife was used you would have been facing far more serious charges.”