Self defence

[brittoncm]

On sunday the 6th i'm going to be arrested for common assault . I was in a local town pub where i met 3 friends for a drink, My sisters ex husband who doesnt like me much walked in so we left. later in the night we were in another pub where he came and stood next to us by the bar, we decided to leave again so i walked past him to put my empty glass at the bar when he squared up to me so i told him "i want no trouble" and asked him to "leave me alone" i could see the anger in his face as he threw his glass along with the drink in it in my face, i was worried for my safety so i decided to try to smother him, we were then wrestling with each other and both fell to the floor where i did not feel i was in the situation where i could let him go and be able to walk off without further violence from him, so i managed to get a hand free a punched him twice in the back of the head then got up an walked off of my own accord, he then followed me to another pub provoking me so i left through a side door and went home.
This man has a previous caution that i know of for assault himself.
Do you think i have any case for self defence as i felt i had no other option than to punch him?

[bednobs]

i know this is hard for you, but "i was worried for my saftey so i decided to try to smother him" lol
what about i was worried for my safety so i walked away, or i was worried for my saftey so i called the police?

[CheekyChops]

No I don't think you have any defence. Self defence is when you are protecting yourself from someone else, surely. He hadn't actually done anything, you just saw 'anger in his face' and so decided to SMOTHER HIM????

I'm not defending the bloke, he maybe the nastiest piece of scum on earth but the fact of the matter is that you struck the first blow(s).

[fredpuli47]

I think the answers above are putting the case against you far too high.All that is necessary to raise self-defence is a genuine belief that you are then and there in danger of violence and you acted reasonably in what you did, that is that you used only such force as was reasonably necessary to protect yourself. The key to this is that " a person defending himself cannot weigh to a nicety the exact measure of defensive action.If....in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary that would be the most potent evidence that only reasonable defensive action had been taken" [R. v McInnes judgment by Lord Morris] All you did seems to fall clearly within that. The man was violent, was being violent at the time, and all you did was hit him twice with your free hand.

[fredpuli47]

Perhaps I should add to that that it is a popular misconception that someone who strikes the first blow cannot be acting in self defence. That's nonsense.If they genuinely and reasonably fear for their safety they don't have to wait to be hit !Here's a man with, you say, a history of violence, angry, who throws a drink in your face. You are not obliged to turn tail and risk violence. If you then and there fear that violence is likely, as you might well do,then you can 'smother him' and what ensued may well be perfectly reasonable and self-defence.

[jake-the-peg]

Fred's right that you can still claim self defence after striking the first blow but it is a hard case to win.

The fact that you hit him in the back of the head doesn't help and the fact that you hit him twice really doesn't help.

I assume that these two blows didn't disable him and the fact that you then escaped him by simply leaving through a side door and going home begs the question of why voilence on your part was necessary to ensure your safety the first time and not the second.

It's not impossible but I'd say the odds are seriously stacked against you.

The recommended penalty for common assault is a community penalty and I think you'd be well advised to plead guilty and put your case as mittigating factors as to why you should be treated liently rather than why you're not guilty.

I assume your sister's ex is not badly injured you might get off with a fine.

I'd suggest you get legal advice but I doubt you'll get much encouragement to contest it.

[fredpuli47]

Certainly get legal advice now, as soon as possible. Jake and I differ on how good your defence is on the facts you give: that in itself seems a very good reason to get advice from someone who can explore the case properly ( which is more than either Jake and I can do here)!

[tufty7]

You told him that you didnt want trouble, and you had asked him to leave you alone , fact ,He threw the drink and glass in your face ?? that would make any man re-act , you tried to subdue him thinking a man with a violent past was going to attack you as you felt he was reaching out for another weapon , Further to public opinion the police have to chase up these, they know what constitutes someone getting there just deserts....I hope it goes ok , sounds like self defence to me