Murder

• What type of crime is murder?

  A common law crime
• What is the traditional definition of murder?

  The unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought, express or implied
• What are the five elements of the actus reus to murder?

  1. Reasonable person in being
  2. Under the King’s peace
  3. Unlawful
  4. Causation in fact
  5. Causation in law
• What are the rules for the first element of the actus reus to murder?

  Only a human being can be the victim of a murder
• In relation to a reasonable person in being, who is a human being?

  An unborn child and those with no electrical activity in the brain are not human beings
• What is the precedent for the ‘end of life’ reasonable person in being?

  R v Malcherek and Steel
• What is the second element to murder?

  Under king’s peace: killing of an enemy during war is not murder
• What is the third element of the actus reus to murder?

  An unlawful killing is any killing where D doesn’t have a reason recognised by the law
• What is the fourth element to the actus reus to murder?

  Causation has to be shown but can be brought about by an act or omission: R v Gibbins and Proctor
• What is the fifth element of causation?

  Causation in law
• What is the mens rea of murder?

  1. Expressed malice aforethought (intention to kill)
  2. Implied malice aforethought (intention to GBH)
• What is the precedent for the mens rea of murder?

  R v Cunningham
• Following R v Nedrick, intention can be:

  Direct or Indirect
• Does transferred malice apply to murder?

  Yes
• Which defence is not available to murder?

  Duress
• What is the sentence for murder?

  Mandatory life sentence