Victim forced to flee Warrington after repeated assaults by flat mate

Liverpool Crown Court heard how the level of violence increased over a short period of time while the victim and the defendant in the case, Joshua Smith, were sharing a flat together in Warrington.

Prosecuting, David Polglase said Smith, 22, and the complainant met each other initially in February while both staying at a night shelter on Winmarleigh Street in town centre, having both been homeless following their release from prison.

It was heard that even at the start of their friendship Smith was ‘abusive and violent’ towards the man.

At the end of March, the victim moved to an address on Arpley Street, in the town centre, and the defendant was moved to the same address soon after.

Mr Polglase told the court how the first incident of assault occasioning actual bodily harm occurred on April 8 when the defendant punched the complainant to the face, making blood splatter onto the floor.

He then made the victim clean the blood up off the floor.

When a friend asked what had happened to his face, the victim lied and said that he had suffered a seizure as ‘he was afraid of the defendant’.

The second and more severe attack occurred only days later on April 11 when it was heard that Smith, a dad-of-one, entered the complainant’s room and put his hands around his neck, squeezing his throat for around five seconds while the victim ‘coughed and struggled to breathe’.

On that same day, Mr Polglase described how an argument led to Smith throwing his flat mate to the floor, causing a graze to his face, as he then began repeatedly punching him.

He then threatened to beat the man to death with a bong.

The final incident which forced the victim to flee the area and return to his hometown of Lancashire where he was hospitalised with injuries at the hands of Smith occurred the next day on April 12.

“The defendant punched the victim and fractured his eye socket. That caused the man to grab his belongings and go home to Lancashire.”

Police were contacted and took pictures of the injuries sustained by the victim while he was hospitalised.

Smith was arrested at the address on Arpley Street and was interviewed.

The hearing took place at Liverpool Crown Court (Image: NQ) He has previous convictions relating to 18 offences which include possession of an offensive weapon (in 2021) and breaching a restraining order (in 2023). This most previous offence triggered a suspended sentence which Smith is currently serving.

He appeared before the courts on Friday via video link for his sentencing, having pleaded guilty to two counts of assault occasioning actual bodily harm, intentional strangulation and grievous bodily harm.

Defending, Mark Shanks said the defendant and the complainant had a friendly relationship and while staying in the homeless shelter on Winmarleigh Street, they shared a room to separate themselves from hard drugs that were being taken by others living in the accommodation.

He stated that his client was told to move to the same address of Arpley Street as the victim - they were paired together in the accommodation due to the fact they had shared a room in the shelter prior to that.

“Shortly after he moved to the address, they started having falling outs,” Mr Shanks told the court.

“The defendant could not give a reason for why these offences started but he has put it down to the pair getting on each other’s nerves.”  

Recalling the events of the offence of GBH, he explained through his client’s words how he was ‘on his way to work that day and was followed by the complainant’. He said he reacted to the victim’s actions and hit him.

“The defendant does wish to apologise for his behaviour towards someone who was his friend and who both looked out for each other.”

He added that Smith has a young child who he ‘hopes someday down the line he can be a productive father to’.

Concluding, Honour Judge Potter first addressed the defendant before sentencing. He said: “You and the victim met each other in February this year. At the time both you and him were vulnerable people.

“It is clear that you and he formed some form of mental bond. The victim said from the off he was bullied by you.

“Whatever the truth is at the start of your relationship, it led to you repeatedly assaulting him.”

He continued: “The level of violence increased so that in the end you severely injured him.

“He ended up in Lancashire being treated in hospital. The injuries you sustained on the victim has had a physical and mental impact on his life. He has had flashbacks from these ordeals.

“He was looking forward to a better life and all of that has been put significantly at risk because of him having to move away from Warrington where some of his family members live.”

Honour Judge Potter stated that only an immediate prison sentence could be given for such offences and handed him a sentence of two years and eight months.