murder

• murder def - the unlawful killing of a reasonable person in being and under the kings peace with malice aforethought express or implied
• actus reus for murder

  • unlawful killing
  • under the kings peace
  • can be an act or omission
  • must cause the death
• ag's ref no.3 - a fetus is not a person in being
• malcherek and steel - test for death is where the brain stem has died
• under the kings peace - killing someone not during a time of war
• brain dead - not an offence to switch off the life support if done by medical staff
• mens rea - malice aforethought express or implied

  malice aforethought means intention
• express intention is direct or oblique intention and means to kill
• implied intention is intention to cause GBH which is directly or obliquely intended
• vickers - the intention to cause gbh is enough for a conviction of murder
• foresight of consequences

  oblique intent is sufficient for mens rea of murder. - d doesnt have mr for murder unless foresaw that it would cause death - known as foresight of consequences
• cases of foresight of consequences

  • moloney
  • nedrick
  • woolins
• gibbins and proctor - an act can result in murder