Murder

• What is the actus reus for murder?

  The defendant must have unlawfully killed a reasonable creature in being under the king's peace
• What does it mean to be under the King's peace?

  Means that killing an enemy during war time isn’t murder. However, killing a prisoner of war would be.
• What is an unlawful killing?

  The killing isn’t unlawful if its in defence of another, self defence or in the prevention of a crime and the D used reasonable force.
• What does it mean to be killed for murder?

  The killing can be done through an act or omission but must be the cause of the death.  

  A example where an omission caused death is R v Gibbins and Proctor. The V must have died because of it, however, there may be other factors like poor medical treatment
• What is a reasonable creature in being?

  It means a human being, this excludes foetuses. In the Attorney Reference No.3 of 1994 stated when a foetus is injured and therefore is born but later died of injuries, this can be the actus reus of manslaughter. It can also excludes people who are brain dead, so doctors can turn off life support and not be liable for murder.
• What is the mens rea for murder?

  Expressing ‘malice aforethought, expressed or implied’ which means the D must have the intention to kill or intention to cause GBH. Therefore a person can be guilty of muder if they didn’t intend to kill
• What is a case that highlights the mens rea for murder?

  R v Vickers: The D broke into a sweet shop and knew the owner was old and deaf. When the V discovered him, the D hit and kicked her several times in the head. She died as a result of her injuries. The CoA pointed out where a D intends GBH and the V dies, it is enough to imply malice aforethought.