#SelfDefence #Criminal #Law
A video lecture for law students studying criminal law in England and Wales.
Self-defence can apply to the person, property and arrest or the prevention of crime. It is now covered by s. 76 Criminal Justice and Immigration Act 2008.
The key question that must be asked is “Was the force used reasonable in the circumstances as the defendant supposed them to be?” This contains an objective test as regards the force being used and a subjective test as regards the context or circumstances.
The objective test requires us to look at both the nature of the force used, such as weapons, as well as the degree of force employed.
The subjective test has proved controversial in the light of Article 2 of the European Convention on Human Rights (the right to life) but allows us to closely examine the particular characteristics of the defendant and how she would view the circumstances. These characteristics include psychological and physical factors as well as the relationship with the victim.
Self-defence is an interesting essay question in the light of the Tony Martin case and self-defence in the context of breaking into someone’s home but is more common as part of a scenario or problem question where the student has to consider the full facts of the case and come to their own judgment in response to the objective and subjective tests.
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Can you please do some videos for criminal evidence and PACE? Your videos are always my only hope to a decent grade 😭😭😭😭😭
420 likes, sorry but i cant mess that up. reply to this if someone else messes it up
Thank you so much for these videos. Could you make some videos on the sexual offences act please. Much obliged.
Really useful content ad very engaging, thank you!
Thankyou for ur interesting expalnation on self defence in criminal law
I couldn't help Mom by replacing breathing tube that were detached by Medical Predators @ WSAMCS 2016.
Mom's Iatrogenic Attacks I could not defend my vulnerability Elderly Mother at WSAMCS, Piedmont, Wellstar LTAC and Emory University Midtown. Because of Fabricated Diagnoses falsely documented against me. Yes I was being taughted, target, gaslighted abused, gang survallance, sitters surveillance, provoked, bullied, and Defamation of Character slander & libels etc.
Hello, thank you for uploading this video.. Its really insightful. I was wondering if I could ask your opinion. Im potentially being taken to court for defending myself against a cyclists. I was driving on a narrow country lane behind a cyclist, I followed for perhaps 200 – 300 meters. The cyclist didn't bother to pull over to let me past so when the road got wider I slowly overtook. When I overtook he punched the rear of the car. I pulled over to check the car and the cyclist was already at my door shouting and threatening me, in my face as I got out. As I got out we immediately got into a bit of a scuffle, he punched me in the face and I fell forward onto his bike (which broke), a scuffle broke out in which I hit him to stun him and then put him into a hold to restrain him until he calmed down. When he said he would stop and calm down a got off him and let him up. We exchanged words as I left, be noticed his bike was damaged and said he's going to call the police; which he did.
Because his bike was apparently £7000 he is trying to take me to court for supposedly attacking him and smashing up his bike.
I don't know if he had video footage, if he did he won't submit it because it proves I did nothing wrong. But as I let him up there where three oncoming Cars stopped in the toad ahead of me and all the would have seen is the middle of the scuffle and me restraining him around the top of his shoulder and u see his arm. So to them, I probably looked like the aggressor but that's not the case. I could have quite easily gone to town on him but I didnt. I asked him to calm down and as soon as he put his arms out to the side and said yes, I let him go.
He is saying that I speeded past him, hit him with my wing mirror (which I didnt) so he punched my car. I got out, assaulted him, broke his bike and tried to strangle him.
I'm not really sure what to do because I didnt think to stop and look for witnesses , and I have no hard proof to prove that his version of events is false and that I didn't do anything wrong. My partner was in the car at the time but she disabled and only got out of the car when I was in the process of restraining him. I can't really afford legal defense at the moment so I was wondering if there is any advice that you (or anyone) could offer please. Either way, thank you for uploading the video because it really helped.
Thank you Marcus. Respect. Quite clear and easy on the ears.
pls can you do a video on legal and evidential burden please and how this is discharged by parties
Very Well Explained Video In Detail Regarding Self Defence By Criminal law
You have really changed my mental attitude in making me a reasonable thinker relating to criminal issues. Thank you
Excellent video and has made me feel a lot better on the subject of a Home invasion …Reasonable force can be lethal which is something that the police tend to forget
My understanding regarding R v Lindsay was that the occupant was a known drug dealer and the 4 guys with guns were the competition. Just something else to understand, if you are a known criminal or on the police radar (known associate, previous non/convictions) they will try everything they can to deal with you as well.
I admire your ability to explain any legal concept in an engaging way. Your video tutorials have helped me massively to understand how the law works. Please carry on with more tutorials !!!! THANK YOU
thank you dear dear
Hi Marcus this question concerns the evidentiary and conclusive presumptions under SOA 2003..is it the judge who decides whether a presumption will succeed?
Please do Tort and trust law aswell
Excellent explanation skills
May you live longer :p
I really appreciate your videos. Spent a lot of time going through your EU law ones last semester, didn't know you had criminal law ones as well. I'm studying in Ireland by the way. Different legislations for criminal law, however, both are common law jurisdiction. Thanks again.
Thanks this was wonderful
i love you
I have to say thank you again for your videos. They help me so so much, more than my actual tutors. I rewatch them over and over again and I tell others on my degree course to watch them too and they've agreed that they're very helpful. Thank you!!
In R v Lindsay was it not the fact that his sole intention to have a sword was to protect himself by harming the people who might attack him due to his cannabis dealings? So it would be regarded as offensive weapon in the first place and not something he just picked up to defend himself? Also would you not say that slashing the person repetitively would be seen excessive as he already could have disarmed him without taking it as far as killing him? p.s I find you videos very helpful thanks just a bit confused with this case.
Hi Marcus have you included an outline of men's rea and actus reus anywhere, cheers Richard
very informative thank you.
Very interesting thanks
Thank you for this video 😊