Murder

• Murder


  • Common Law offence- not in an act
  • Defined by Coke, 17th Century Judge
• Definition


  "The unlawful killing of another human being who is in the Kings peace with malice aforethought, express or implied"
• Actus Reus


  1. Unlawfully
  2. Causing the death of
  3. another person
• Unlawfully 


  • No valid defence that the victim can rely on
  • e.g: self defence or killing in time of war
  • Consent of the victim, in a mercy killing or euthanasia, will not provide a defence
• Another Person


  • Foetus in the womb cannot be the victim of murder
  • Att-Gen reference (No.3 of 1994) 1998
• Causing the Death 


  • Any causation issues
• Mens Rea 


  "with malice aforethought, express or limited"

  • Intention to kill or cause really serious harm
  • Only direct or indirect intent allowed (R v mohan and R v woolin)