"he had a genuine belief the defendant was going to kill him."
Faqir Singh Nahal, aged 52, from Littleover, Derby, was jailed for one year at Derby Crown Court for threatening to kill a takeaway worker.
Nahal threatened the victim with a 10-inch knife following a payment dispute in which he refused to pay for a kebab.
The victim feared for his life when Nahal produced the weapon at Midland Kebabs on Elton Road, Osmaston, Derbyshire, on March 11, 2019.
The court heard that Nahal was previously jailed for life in 1990 for stabbing someone who later died. Having been imprisoned for over 17 years, he was released around 10 years ago.
Abigail Hill, prosecuting, said the offence took place just after midnight.
She explained that a takeaway worker at Midland Kebabs took a telephone order from Nahal who was at a house in the same street.
The worker had struggled to understand what the defendant was saying. Nahal then said to him: “Do you want me to come down there and bang you out?”
Miss Hill said the man took the order to the house where Nahal was and there was an argument over payment for the delivery. This led to the worker returning to the takeaway with the kebab.
Miss Hill said: “The defendant phoned the takeaway a second time and threatened the worker and manager.
“Ten minutes later he appeared at the shop threatening the men, producing a knife and telling the driver ‘come outside, I will kill you’.
“The knife was a kitchen knife with a 10-inch blade and the victim later said he had a genuine belief the defendant was going to kill him.”
The police were called and Nahal was arrested. In his interview, Nahal initially told officers he had been chopping onions and that is why he was in possession of a knife at the takeaway.
He then admitted to the offences he committed.
Miss Hill spoke about Nahal’s murder conviction. She said:
“His antecedents (previous convictions) include a life sentence for murder dating back to 1990 which involved him stabbing someone.”
Nahal later pleaded guilty to possession of a bladed article and using threatening, abusive or insulting words or behaviour.
Laura Pitman, defending Nahal, said her client was “deeply ashamed” of the knife incident.
She said: “When the police came to arrest him they believed they might be met with some violence.
“But there wasn’t, he was in bed and when they woke him, he complied with them.
“He made admissions that he had gone to that takeaway and was in possession of the bladed article.”
Recorder Adrian Reynolds asked Miss Pitman: “When was he released from his life sentence?”
She replied: “He tells me it was after he had served seventeen-and-a-half years.”
Recorder Reynolds said: “The circumstances of this offending are worrying and even more worrying in the context of your history.
“You were carrying a bladed article and these offences were committed where there was a risk of serious disorder.
“It is virtually 10 years since you were released and although you have convictions since then they are not for violence.”
Recorder Reynolds sentenced Faqir Singh Nahal to one year in prison.