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  • EADD Moderators: Shambles

Self Defence Case

Judging by your gimp shoulder I wouldn't be too worried about you leading with a jab.

I'd be more concerned with dislodging your snaggletooth into my knuckle
 
My charges I believe are,
Assault to serve injury, to in danger of life, and permanent disfigurement. Because he nearly died is the reason they want to go ahead with a trail they where wanting to drop the case before because he came into my house etc but because he nearly died a jury has to decide if I used to much force, I was literally backed into a corner. I was seated when he came in and attcked me, even after the first time he got stabbed it didn't stop the attack.

I appreciate your help mate. They are saying I opened the room window and said to him I am coming down to stab you, but he just stood at in my door in my gate and let me come down with a knife and stabbed him, surely a jury/court would see right through that and know that has got to be total bullshit. Who in their right mind would continue to stand in the garden next to the door after saying you had left the house because I had attacked him, left only to stand at my stairs for me to shout I was going to stab him, if I said that you get in your car what was parked right there. Surely a jury will see that.

Thanks for your comments people. Nice to see people would have done the same in the situation. If I haven't done it I honestly don't know where he would have stopped.

To the dude who asked did I deserve it LOL him trying to beat me up, well does anyone deserve people entering there homes unexpected and invited and punching you, trying to chok you. And you end up in court with them telling lies trying to get you jailed does anyone deserve that? (Pedos etc aside)

Hope a jury sees it the way you good folk do.

If there is no CCTV evidence then the case will absolutely fall in your favour with no question. Again, the prosecution will have to prove beyond reasonable doubt that your force was not reasonable. It's not up to you to prove that your force was reasonable. The fact that there is no evidence proving that your force was unreasonable plants enough reasonable doubt that you did not use excessive force.

It will be SO hard for him to prove that your force was unreasonable and this is only usually done in 2 circumstances.

1) Where there is CCTV or multiple witness welling to testify that cannot be said to be biased, whose stories corroborate with one another with no reasonable doubt.

2) Where the injuries you inflicted were prove to have been inflicted at a time in which you were not under threat and thus not using self defence. It is perfectly reasonable to stab somebody in the head/heart as an act of self defence. It is not reasonable to run up and repetitively stab someone in the back whilst they prove no direct threat to yourself.

Thanks for your comments people. Nice to see people would have done the same in the situation. If I haven't done it I honestly don't know where he would have stopped.

This is key. You must remember that if this is our reaction to the circumstances, and you are being trialled by jury, your peers, they will also come to the same decision. The question they will ask themselves is 'would I have done the same if I were in his shoes' - the VAST majority would say 'absolutely - yes'. Some would have gone even further.

I no it's easy for me to say you're going to be okay, because it's not me in your shoes on stand. However, you must remember that you're being judged by a jury that is representative of your peers, and they would have absolutely done the same as yourself. You should take a lot of confidence from that, and have confidence that your peers will support your case.
 
Thanks folks.

I didn't deserve it. I don't like him, but I would have never of thougt to enter his house and attack him.
 
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