Murder

• Define Murder

  Murder is the "unlawful killing of a reasonable creature in being and under the King's Peace with malice aforethought, express or implied."
• 1. 'Unlawful'

  The killing must be unlawful (Re A (2000)) - Conjoined twins
• 2. 'Killing'

  The act or omission MUST cause the death of V - D cannot be guilty of murder unless his act or omission caused the death.
• 3. 'Reasonable Creature in Being'

  For murder, a human being must be killed.

  
  

  Foetus = murder cannot be committed against a foetus (A-G's Ref. 1997)

  Brain-dead = doctors switched off life support for a brain-dead person, the person who caused the patient to become brain-dead was charged with murder (Malcherek)
• 4. 'King's Peace'

  The killing of someone must be in the course of war for the murder to be LEGAL.

  The killing of a prisoner of war would be sufficient for the AR of murder.

  (Adebolajo 2014) - D kills off-duty soldier but was charged with murder as it wasn't under King's Peace.
• 5. 'Malice aforethought, express or implied'

  Express malice aforethought - intent to kill

  Implied malice aforethought - intent to cause serious harm (Vickers 1957) / (Cunningham 1961)