Not only was the husband (H) ultimately prosecuted successfully for the attempted
murder of his former wife (W); but the attack was witnessed by the children; the husband
levelled allegations
against which resulted in her being
charged (later dropped); and he pleaded not guilty so that W was cross-examined at length at his trial.
It will be a matter for a trier of fact, a jury or a judge, to determine if the use of force was reasonable and if, therefore, the
level of force used was justifiable as an affirmative defense
against the
charge of
murder.