A WELSHPOOL man has been spared an immediate prison sentence after he came out of his flat waving a hammer around during a child’s birthday party.

Jaroslaw Kowalski, 42, had been asked to turn his music down at his Oldford Rise home by people attending a party for his neighbour Scarlett Harris’ son on July 16.

Welshpool Magistrates’ Court this week jailed Kowalski for 12 weeks, but suspended the prison term for 18 months.

The defendant, who had previously admitted a charge of threatening behaviour, claimed he was beaten up by two men who had barged into his flat and ordered him to turn the music down.

Prosecutor Molly Rumsey said Ms Harris had been experiencing problems with her neighbour, Kowalski, for the past year.

“The children’s father had been round to the defendant’s flat to ask him to turn his music down," she said. "A short time later he (Kowalski) came out of his property with a hammer and began smashing on bins outside.

“Ms Harris began panicking, she told him ‘you can’t come up here with that, I’ve got my babies here’. He was waving the hammer round and shouting, clenching his fists and being abusive to people outside.

“The victim said the incident made her extremely scared, she was scared someone would get assaulted, there appeared to be no reasoning with him."

Ms Rumsey said Kowalski had 20 previous convictions for 34 offences – the most recent offence being the activation of a suspended jail sentence in August 2020.

Probation officer Julian Davies said the defendant told him the incident happened after he was assaulted in his flat.

“It was after 6pm, he was alone in his flat, he put some music on," he said. "People knocked at the door. Two people entered the property and shouted at him to turn his music down and they hit him.

“He took issue with this, so as they were leaving he grabbed a hammer and chased them outside.

“He went outside to have a conversation with all parties and denies shouting or making threats.

“He admits he could have dealt with the situation in a better way.”

Mr Davies said Polish national Kowalski had lived in the UK for more than 12 years and had lost his job recently due to an accident at work.

“He has an employment agency appointment this week for a factory job,” added Mr Davies, who said Kowalski had been attempting to curb his drinking.

Speaking in his own defence, Kowalski said he agreed with the facts. “It was an unpleasant incident, I definitely don’t want to repeat the incident.

“I was more of a drinker than I am now. I do still have a drink occasionally but not like I used to in the past. I would ask for help off probation as I do want it.

“I do regret not turning the music down. People forced their way into my flat. This is the first time in my life I had experienced something like this."

Magistrates told Kowalski the suspended sentence was a “final opportunity for rehabilitation” and that he had 18 months to prove he intends to reform.

He must undertake 240 hours of unpaid work, complete 20 rehabilitation activity days, and pay £85 costs with a £154 surcharge.