Lord Coke - The unlawful killing of a reasonable creature under the kings peace, in any country of the realm with malice aforethought, express or implied
Key element 1
Must be an unlawful killing- Ds acts or omissions cause Vs death in fact & law (Pagett)
Key element 2
Killing of a living human being
*Independence from mother (att. gen. ref.no3 1994)
*Not brain dead (Malcherek)
Key element 3
Within the Kings peace
*Not on enemy during war (Blackman)
Key element 4
In any country of the realm
*anywhere in the uk
Key element 5
With malice aforethought
*intent to kill or cause GBH
(Vickers)
Indirect intent
Also called oblique
*Death/GBH is not Ds purpose but D foresees it as virtually certain (Woolin)
