A MAN armed with a knife battered an innocent pensioner as he walked home from his local pub. 

Joshua Hoijord Smith, of Park Road, Birkenhead, threatened to “stab” 70-year-old Thomas Hayes before he began punching him in the street. 

Liverpool Crown Court heard yesterday (Wednesday, April 24) how on March 23 of this year, Mr Hayes had been watching England play Brazil on the pub’s television before he began walking home towards the direction of Beech Road in Birkenhead. 

Callum Ross, prosecuting, told the court how Smith, and his then girlfriend, approached Mr Hayes and asked him “where are you going?” to which Mr Hayes didn’t reply and continued walking towards his home. 

Smith and his girlfriend continued to follow Mr Hayes at which point he took his phone out and began recording the couple. 

Smith then started to confront Mr Hayes and shouted at him, “I am going to stab you. I am going to kill you”. He also threatened to put Mr Hayes' “windows in”.

The 32-year-old then pulled an item from his sock before he began “punching” Mr Hayes while his girlfriend “pushed and kicked him”. 

The ordeal only stopped when neighbours came out to intervene before Smith and his partner escaped the scene. 

As a result of the attack, Mr Hayes was left with “cut lips and head” as well as “soreness to his head and elbow”. 

Mr Hayes' neighbours said they collected a knife from the floor after going back outside following the attack. They heard Smith saying “Where is my blade? I could have stabbed you. I could have killed you”. 

When the defendant was arrested and taken into custody he became “verbally aggressive” and “shouted” at police officers. 

Defending, John Weate, told the court: “The defendant was clearly agitated at the time of the arrest and during interview at the police station. 

“The turnaround for the defendant has been quite surprising. He has been in custody for four weeks and has had time to reflect on the circumstances of this case.” 

Mr Weate added how the defendant had become “hopelessly addicted” to drugs and had got into a “toxic relationship”. 

He said: “Between 2012 and 2020 he has no convictions and after early convictions he took hold of his life and got an apprenticeship and qualifications and was doing well. 

“During the end of that period he made bad choices and after peer pressure took Class A drugs again. 

“He has come to terms with his addiction and wants to make good use of his time in custody.

“The defendant presently has a swollen right cheek. That is not as a consequence of any assault, but he has a tumour.

"He is waiting for results on that tumour. That has made him reflective and fearful of the potential outcome.” 

Smith, who appeared via video link from custody, had pleaded guilty to assault occasioning actual bodily harm, possession of a bladed article in a public place and possession of heroin.

Sentencing Judge Robert-Trevor Jones said: “You’re recent convictions are correlated to your drug misuse. 

“This time it resulted in you being violent to another person. 

“This was a nasty incident involving a 70-year-old man minding his own business watching football in his local pub. 

“You accosted him as he made his way to his home. He started filming you out of concern. 

“You threatened to stab and kill him with a knife and the victim was injured. This was a very unpleasant incident.” 

Smith was sentenced to 18 months in prison and handed a restraining order banning him from contacting Mr Hayes for five years.