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Manchester Minshull Street Crown Court heard Jason Smith, 46, who was described as having a ‘long’ criminal record including a prior conviction for possessing CS gas, sprayed the victim in the eye on July 26, 2021 outside their houses on Cheetham Fold Road in Hyde. The victim, who was named in court only as Mr Walton, “felt some discomfort in his eyes” as the heated row exploded. Smith was arrested, with police finding him with a pepper spray. Brief CCTV footage of the incident was also shown to the court. 

Lisa Boocock, prosecuting, said: “In mid-July last year there had been discussions between Jason Smith and Mr Walton about buying a car.

“Those discussions turned sour and that developed on July 26 with an exchange of insults.

“The defendant was unhappy about a part that had been purchased for the car. Further threats were made with the defendant heard to say ‘He will pay for it’.

“Mr Walton decided it would be a good idea to come down and meet the defendant. He had an idea that things were going to turn nasty. They were pointing at each other.

“The defendant then raised his hand and sprayed him in the face with pepper spray.

“The two of them continued to point and shout. Mr Walton then felt some discomfort in his eyes.”

A victim statement was summarised to the court, in which Mr Walton described how the incident had left him “withdrawn”, and “very worried emotionally”.

The statement added he now feels scared in his own home and had since struggled to sleep.

Thomas Sherrington, defending, told the court Smith’s life had previously been “plagued” by psychological and mental health issues, as well as drug abuse.

He said the disability made the defendant “vulnerable” but added Smith had worked hard to keep out of trouble and turn his life around over recent years.

Mr Sherrington said: “When confronted with that situation he reacts differently than perhaps other people would. That is not an excuse, but perhaps an explanation for why he took the pepper spray out.”

The defending solicitor said Mr Walton was pointing towards Smith and getting in his client’s face so the use of the pepper spray was in some ways “a defensive measure”.

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The court was also told in the month following the attack, Smith had made two complaints to against Mr Walton, but no further action was taken.

Smith pleaded guilty to possession of a prohibited weapon and administering a noxious substance with intent.

The 46-year-old was also convicted of breaching a suspended prison sentence handed down in February 2021 for a racially aggravated public order offence involving a shop security guard.

He was sentenced to six months in prison suspended for 12 months, fined £100 and told to complete a 30-day rehabilitation requirement.

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