is this fair?

Question

do you think this is fair? what would you do?
My wife went for a next door neighbours birthday drink at her house, everything was going well till 4 male friends of this neighbour turned up. they were all extremely drunk and the atmosphere changed. my wife found herself alone in the kitchen with the 4 of them felt uncomfortable and decided to leave. she happened to know 1 mans ex-partner and so on her way out decided to make polite conversation and asked how the ex's chidren were. he said the daughter was in amsterdam living with her dad and my wife sumade a noise as if to say thats a long way from her mom. the man suddenly flared up in anger and shouted you saying she's on the game and suddenly moved into attack my wife. she pushed him out of the way as he was blocking the exit, she was holding a glass at the time which broke cutting her hand and cutting the attackers cheek. she got past him and was heading for the door when they grabbed her and swung her back into the room and

started kicking her and throwing things at her. i was babysitting our baby next door and had decided to go out to the balcony as we live in a maisonette to have a cigarette, I heard her screaming for them to let her out, calling my name so I ran down there to find her with blood on her face and the guy blocking the doorway shouting and swearing at her. I pushed him out of the way to the other side of the room to free the exit and my wife escaped. one of his friends started to shout and came at me from behind so I headbutted the one I was struggling with, to end the fight fast and make my escape. I then took my wife back to our home. we were out on the balcony while we smoked and I tried to calm her down as she was hysterical, when this guy had phoned a friend to help sort this out as he said in his statement to police afterwards and came charging up to our flat, I pushed my wife into the door while I ended up fighting with all 5 of them my wife went in

and called the police. when she came out again I was bent backwards with my feet off the floor being pushed over the railings to the balcony, My wife was trying to pull the main one off me but was not strong enough, I was going further over the railings and she thought i would be killed so she went inside and grabbed a knife then came back out shouted for them to loose me, they wouldn't so she poked him in the lower back causing a 1cm deep cut. He still didn't stop so she did it again, with the same effect. This time I manage to get off the railings and the fighting stopped and they all walked away. the police finally turned up and decided to arrest me and my wife. we are know due in court with my wife with 2 charges of grievous bodily harm with intent and myself with 1 charge of common assualt. the 5 that attacked us were not arrested. do you think they were right?

Answer 1

Should've stabbed him right and proper. That's self defence in the heat of the moment. Cutting him a little, twice; shows premeditation. Bang to rights i'm afraid.

Answer 2

you need a lawyer and a bulldog one at that because that is bs. I would have done the same thing it is called self defense. At the moment when she stabbed them you were unable to defend youself and she has the right to defend her own husband. I would have shot him though and it would have been my word against a corspe laying on the floor. Dead men tell no tales.

Tenkiker Im sorry to tell you this but if you ask most cops they will tell you that when you fear for your life or the life of a loved one you will stab more than once and most people going through that kind of trauma would still be scared to stab someone women are more apt to stabbing lightly as a warning thinking they can scare the guy off because they really don't want to hurt someone even when being threatened.

Answer 3

This country is a joke. I over worry about my children, i love them so much i cant describe what i would do for them, if someone broke into the house and hurt them or tried to take them away i would kill them, and i know i would be sent to prison for it, even if we were in mortal danger. You cannot protect yourself, i don't understand it. You would have more rights if you were dead!

I really hope this works out for you, just be strong and be honest. I would also go to the doctors along with your wife and play on your injuries and make out your a nervous wreck, and severely depressed. Get it all on record at your doctors... as this will stand up in court.

All the best xx

Answer 4

Well, you were probably arrested because they got their stories straight, and it was 5 against 2. If everything happened the way you said it did, then certainly your wife was acting in self-defense and you were acting in defense of others (as is defined in American law, which I think corresponds with British common law). But if things didn't go that way, (i.e. what they said was right) then maybe you are guilty of assault.
This all seems to be very fact specific, and if in fact they were the agressor and you were doing what you needed to do to free your wife, I would hope you would go free. But that's for a jury to decide!

Answer 5

Firstly, sorry to hear of such a trauma to both you and your wife. I think its disgusting that you both have been charged and the others not. Take it further, there must of been other people around being that it was a party. Otherwise my attitude is that, well if the police don't deal with it, there's always someone that will. Good Luck and all the best to you both. xx

Answer 6

Doesn't sound fair, but then the police are notorious for arresting the people being intimidated and as soon as you fight back in anyway they're all over you. Lets just hope the judge has the common sense your local police are clearly lacking.

Answer 7

This is a most unfortunate situation.
Based on only your side, it sounds like you did the best you could under the circumstances, the guy being pokes was darn lucky he didn't get stabbed deeply in his arsk, and you have grounds for a lawsuit.
What bad hospitality next door...

Answer 8

Of course they're not right, but if you told the story to the police just like now, it seems like this wouldn't have happened. It sounds like you are in another country though, I'm in the U.S. and if someone comes into your home and attacks you, you have every right to defend yourself. It might be different where you are though.

Answer 9

No this doesn't sound fair at all. It was purely self defence. Your wife thought that you would be killed so she acted in defence on your behalf. If you are found guilty of these charges then you need to appeal. This is in no way fair at all.

Answer 10

It is not fair but I guess the police were given a **** and bull story and were too stupid to investigate further. So many cops mess up.