Lesson 07

• Murder

  The unlawful killing of another person by another
• Elements of murder

  Killing was unlawful

  Victim was a human being

  Accused was a person over the age of discretion

  Accused caused victim's death

  Accused was a person of sound mind

  There was malice aforethought
• Killing was unlawful

  Must establish or prove that the accused did not have a lawful excuse for causing the death

  Solider killing an enemy
• Victim was a human being

  Victim must be a living person who has been born

  Cannot be an unborn baby or animal
• Accused was a person over the age of discretion

  Accused is over 10 years of age

  Presumes that people are capable of forming the intent to commit a crime
• Accused caused the victim's death

  Causation

  Direct or unbroken causal link between the accused's actions and the death of the victim
• Accused was a person of sound mind

  Knows right from wrong

  Understand the nature of what they have done
• There was malice aforethought

  'intention to cause serious harm'