key elements - murder

• Murder is a common law offence so has never been defined however Edward Coke defined it as:

  • The unlawful killing of a reasonable person in being under the King's peace with malice aforethought, expressed or implied
• The AR of murder is:

  • Unlawful killing
  • Reasonable being
  • Under King's peace
  • Causation
• Unlawful killing is when the kill has been done without lawful excuse and in breach of criminal law.
• Lawful excuse of killing is:

  • Self - defense
  • War
  • Death Penalty
• A reasonable person in being is a life in being, things that are not a reasonable person in being is:

  • A foetus in the womb
  • Brain dead
• Key Cases of a reasonable person in being is:

  • Attorney General's Ref (no3 of 1994)
  • Malcherek and Steel (1981)
• Under the kings peace means when the country is not at war.
• Causation must show that their is direct and unbroken link between D's acts and the criminal consequences.

  • The death of V must be the direct result of D's conduct
• You need to prove the factual and legal causation of the death

  Factual =

  • But for test

  Legal =

  • Substantial cause of death
  • Thin skull rule
  • Intervening act
  • Victims own act
• The MR of murder must be

  • Malice aforethought
  • Express or implied
• • Malice is the intention for murder
  • Aforethought means previous planning or thinking is not needed
• Express malice aforethought is an intention to kill
• Implied malice aforethought is an intention to cause GBH
• Direct intention is when D desires an outcome and intention of GBH is enough to imply the necessary intention for murder
• Indirect intention is D did not intend a particular result however acting in the way they did, they should realize it might occur
• Key cases for the MR of murder is:

  • Moloney (1985)
  • Hancock and Shankland (1986)
  • Nedrick (1986)
  • Woolin (1998)
  • Mathews and Alleyne (2003)