A Leamington man who pulled a knife out of his own leg after being stabbed - and then used it to launch a vicious attack on his assailant, has been jailed.
David Taylor had denied wounding victim Oliver Jackson with intent to cause him grievous bodily harm, claiming he had acted in self-defence.
Although a jury at Warwick Crown Court rejected that, they accepted it was Mr Jackson who had originally been carrying the knife – and cleared Taylor of possessing a bladed article.
But following an adjournment for a pre-sentence report, Taylor (47) from Leamington, was jailed for five years for his subsequent attack on Mr Jackson.
Prosecutor Oliver Welling had said the incident occurred on October 25 last year following a dispute between the two men.
“Oliver Jackson loaned the defendant some money on the day before this, and he wanted repayment and put out word that he was looking for David Taylor.”
Mr Welling said analysis of Taylor’s phone showed he was aware Mr Jackson was looking for him and wanted repayment.
At around 11pm, Mr Jackson saw Taylor on a bike in the centre of Leamington so followed him and grabbed hold of him in Tavistock Street
"At that point the defendant produced a kitchen knife, stabbing him in a number of places on his body, including his chest, his thigh and his arm,” alleged Mr Welling.
“Those injuries were comparatively superficial, although some went down as far as the muscle layer. There were four main wounds, and Taylor himself picked up an injury.”
There were a number of witnesses, including passers-by and some from the nearby Smack night club.
“The overwhelming consensus is that, even if it was originally Mr Jackson approaching Mr Taylor, thereafter what happened was an attack by Mr Taylor on Mr Jackson.”
And after the incident he sent a text in which he wrote: “Yo, I swear just stab up that Ollie Jack.”
But Taylor maintained it was Mr Jackson who had the knife and had attacked him with it.
He said Mr Jackson had stabbed him in the leg, and that he had pulled the knife out of his own leg and then used it to attack Mr Jackson, which he claimed was in self-defence.
By their verdicts, the jury accepted his assertion that it was Mr Jackson who originally had the knife – but that after pulling it from his leg Taylor was not acting in self-defence, and had intended to cause serious injuries.
At the resumed hearing, the court heard that Taylor had convictions for violence in the 1990s, had been jailed for seven years in 2003 for attempted robbery, and been given a suspended sentence in 2016 for a weapons offence and affray.
Simon Hunka, defending, argued: “One cannot imagine a more mitigated form of wounding with intent. One cannot ignore the fact that the knife was brought to the incident by Mr Jackson.
“The only way the knife could have come into Mr Taylor’s possession, in view of his injury, was in the way he described, of him taking it out of his leg.
“The red mist then descending, although it cannot be condoned, can be understood.
“He has served eight months, the equivalent of a 16-month sentence, but he struggles with the logic behind his conviction because of the fact that he was attacked,” added Mr Hunka.
Jailing Taylor, Judge Sylvia de Bertodano told him: “You were out in Leamington, and it is clear from the evidence that it was Mr Jackson who came and caught up with you. There was an underlying disagreement, and there was a struggle.
“What is clear from the jury’s verdict is that they were of the view he had a knife which he used to attack you, and you took it off him.
“But you then attacked him with it, stabbing him four times, two of which needed deep stitching.”