Two B&M shoppers were involved in a petty fight over a £1 coin for a shopping trolley which saw the two men injuring each other.
A court heard Gary Layhe and another man were each seen pulling knives during their row outside the B&M store in Norwich Way, Kirkby. Gerald Baxter, prosecuting, said: “Layhe took hold of the other man from behind in a chokehold and that the man received two wounds to the side of his neck and a small wound to the back of his neck.
"The defendant, Layhe, received two wounds to the back of his wrist and hand.”
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Liverpool Crown Court heard a member of the public - James Catterall - “bravely intervened and separated the pair, taking a craft knife from Layhe and also unsuccessfully tried to disarm the other man.”
Mr Baxter said: “The police came and the defendant was interviewed and said he did not know it was an offence to have that knife and said he had been using it to cut up carpet tubes from the local carpet shop.”
Layhe, 44, formerly of Overton Close, West Vale, Kirkby, pleaded guilty to possessing a bladed article. A charge of assault against him was dropped and two similar charges against the other man were also abandoned by the Crown.
Tom Watson, defending, said Layhe, who has a previous caution for assault, has learning difficulties diagnosed when he was 12. He has never had paid employment but does voluntary work, currently as a driver’s mate for a charity.
Mr Watson said: “He was living a clearly lonely and isolated life and he cut up carpet rolls to try to keep rats away. He should not have had the knife with him and he did not think about the consequences. He will never make that mistake again.
“He did not stop to think and he needs to address that and needs assistance.”
Mr Watson said Layhe is now living with his parents in Lancashire and is no longer isolated and has a structure in his life. He pointed out the remorseful defendant had spent two weeks in custody after his arrest before being bailed.
Judge Anil Murray said that normally “people who carry knives either aggressively or defensively go straight to prison because the danger in carrying a knife is if trouble arises there is the temptation to use them as you did.”
But he described the case as “highly unusual” and said an assault charge against Layhe had not been pursued “as the Crown could not say you were the aggressor. I have to assume when you took the knife out and used it you were acting in self-defence.”
He sentenced him to seven months imprisonment suspended for two years and ordered him to carry out 25 days of rehabilitation activities and attend a probation ‘stepping stones’ programme.
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