Mr Mole needs sleep, not barking dogs
"WHAT rights have I got, I'm allowed to have a sleep too, " an angry and clearly frustrated Leslie Mole said outside Gladstone Courthouse after he was fined $500 for trespass.
Mole, 54, a train driver, had gone to his neighbour's house at Boyne Island to complain about the ongoing loud dog barking which was stopping the shift worker from sleeping.
"I've been to the council at least 20 times to complain. It's done nothing."
Mole pleaded guilty to one count of trespass in Tarcoola Drive on May 29.
Prosecutor St Merrilyn Hoskins said police were called to a house at 5.10pm and saw its owners standing on an upstairs deck telling Mole to leave.
Mole walked down the stairs but contineud to yell.
"He was trying to talk to the neighbours about their dog barking all the time," Sgt Hoskins said.
Defence lawyer Jun Pepito told the court Mole had known his neighbours 15 years and been friendly until they got their dog two years ago.
"The dog's barking disturbs him when he sleeps. He's a train driver, a shift worker," Mr Pepito said.
"He initially asked his neighbour to do something. He made complaints to council.
"He just had enough this day. He was tired of the dog barking.
"It's unfortunate but unless something is done it will be an ongoing issue."
Magistrate Penelope Hay showed some empathy and told him he needed to get legal advice about a nuisance dog.
Ms Hay said he had no previous criminal history except one court matter in 2014 that also involved a neighbour.
She told him that although she accepted the circumstances of the incident what he did was not the way to resolve it.
Ms Hay said contacting the council (like he had previously done) was the right thing to do, and to get legal advice.
"You have to find another way Mr Mole," she said.
"I can see it is an offence out of genuine frustration.
"I encourage you to find a legal way to resolve the situation."
Ms Hay fined Mole $500 and did not record a conviction, saying it was his last chance.
Outside the court Mr Mole said the ongoing problem of the noisy barking dog had cost him $3000.