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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice.
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Jo, My husband and I got into an altercation this weekend

Customer Question

Hi Jo,
My husband and I got into an altercation this weekend which resulted in he pushing him down the stairs in self defence.
My husband sustained a black eye, scratch to his face and claimed to have broken his ribs - he hasn't been to the hospital to prove this though.
I was arrested under section 20 and released on bail. I have been informed today by his mother he is dropping the charges however I'm concermed they will continue to prosecute me.
What would be the next stage?
Many thanks for any advice
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Have the police been called to your house before to domestic squabbles?

Customer: replied 1 year ago.
No never this is the first incident. I have no criminal record however my husband has drug charges for possession of cocaine and cannibas
Expert:  Jo C. replied 1 year ago.

Have you admitted the offence in interview?

Customer: replied 1 year ago.
Completely in self defence
Expert:  Jo C. replied 1 year ago.

That is not self defence I'm afraid.

Have you admitted these actions in police interview?

Customer: replied 1 year ago.
as he hit me forst
Expert:  Jo C. replied 1 year ago.

That is a problem.

They will almost certainly prosecute you on the basis of what you have said in interview even if he does withdraw. The only reason they might not is that you are female.

I'm afraid that whether he hit you first or not, pushing him down the stairs causing these injuries is too excessive for self defence. That is why it is always dangerous to comment in police interview with complicated defences like self defence or consent.

If they do drop the matter because he withdraws it will basically be because you are female and the law is generally outrageously biased in favour of women.

I'm very sorry but that is the reality.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
even if he's chasing up the stairs d I turn round and push him off me I'd still be charged? Sounds ridiculous! He doesn't have broken ribs just a black eye. Fingers crossed they do.
Expert:  Jo C. replied 1 year ago.

It depends how hard. Causing him to fall backwards down the stairs is fairly severe.

If I had been advising you in interview I would have suggested a no comment interview with may be a prepared statement.

If there was any break at all between his aggression and yours then this is just simple revenge which is an assault.

Customer: replied 1 year ago.
He was out of his mind on drink and drugs so a slight push away from me resulted in him falling. I didn't mean to hurt him.
Expert:  Jo C. replied 1 year ago.

It turns on the facts really. It is often said that the reason a person fell was that they were drunk but it never really seems to work very well in court.

It might well all turn into an ABH.

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