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Hi, A neighbour who had been playing loud music, shouting…

Hi, A neighbour who had...
Hi,

A neighbour who had been playing loud music, shouting at myself and another neighbour that he was going to shoot and stap us, came to my door, trying to kick it in, calling for me to come out so he could kill me. I've spoken to the police who have said because i didn't see a knife or gun it isn't a threat to kill, dispite myself and my wife being in fear of our lives. Is this true?

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Answered in 2 minutes by:
6/1/2011
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,258
Experience: Over 5 years in practice.
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Hi

Thank you for your question. I will try to help with this.

 

Has he done this before?

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Customer reply replied 6 years ago

No this is the first time.

 

 

When we returned from the city music was already playing loudly from one of the rooms above the flat. We decided to wait till 11.00pm until going to knock at the door as it was a long weekend. Initially we assumed it was coming from the flat directly above mine, but upon going around to Chiltern Drive, I discovered it was from a neighbouring flat, which belonged to Michael Shivers.

 

I knocked at the door several times, at which point one of the neighbours came out, Carl. He said he would try and get out onto the flat roof of my flat and knock at Mr Shivers window. I returned to the rear and watched as Carl firstly tried calling then knocking at the window of Mr Shivers.

 

Mr Shivers shouted abuse from inside, he then opened the window shouting at myself and Carl, telling us he would shoot and stab us. Carl's partner rang the police straight away. Carl quickly got down off the roof and came to talk to me. Mr Shivers continued to abuse us both telling us he would shoot and stab us. He told me ‘I know where you live you stupid c**t, I'll get you, I'll f**king get you'. Carl returned to his flat as did I. I went out several minutes later where I saw Mr Shivers on my roof looking in Carl's windows. I text Carl and told him.

 

Carl text me around 12.30 - 1.00a.m. informing me the police were on Chiltern Drive and he was talking to them, at this point I heard someone kicking and punching my door to the flat. I went to the window and saw no one. As I opened the door I saw Mr Shivers standing at the gate he said; ‘where's your f**king big mouth now. I told you I'd have you, so come on you c**t'. At this point my wife was on the phone to Carl telling him to get the police around to the flat immediately. I locked the door and waited for several minutes then proceeded to Chiltern Drive where I saw two officers talking to Mr Shivers. They asked me to wait back in my flat and they would come and talk to me in a few minutes.

 

The officers informed us there was little they could do, that we needed to have seen a knife to take the threats of being stabbed seriously. They warned him and asked us to contact out community liaison officer in the morning. They also informed us they would try and wait around to ensure everything remained quiet.

 

As soon as they left the music began again and Mr Shivers continued to shout abuse from the window. A few minutes later I heard someone on the roof of my flat and Mr Shivers shouting more abuse. I rang the police at 1.45a.m. and told them the situation (call reference CAD1202). I waited but the abuse and music never stopped. It continued until 7.00a.m. the following morning.

My wife was in tears and both my brother and I genuinely felt threatened by the actions of Mr Shivers. My wife and I went to Kingston Police Station on Sunday morning to report the incident.

 

It isn't a threat to kill but not quite for the reason that they gave you.

A threat to kill is quite a high test. It requires an immediate apprehension that the threat would be carried out. The difficulty in this case was that there was a physical obstruction - e.g the door - that prevented the threat being carried out and so the apprehension was not that the threat would be immediately carried out.

I suppose the weapon point is still a good one though. To make out a threats to kill you have to believe that the threat actually will be carried out. Without sight of a weapon that might have had an impact on that.

This is still a public order offence though unless this is a communal stairwell of a building and then it would not be a public places. There are public order offences that can be committed in a private place though as long as its not actually within a dwelling.

I'm happy to discuss this but please remember to click on accept.
Jo C.
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