Murder

• What is Murder?

  1. Murder is the unlawful killing of a person in being and under the King’s Peace with malice aforethought: Lord Coke.
• 2. Murder Actus Reus:

  • D’s voluntary act or omission, must cause the death of V.
  • D must kill a person in being.
  • This means V must have a separate existence from the mother and have an independent circulation. Thus, killing of a foetus is not murder.
  • A person who is ‘brain dead’ is not in being: MALCHEREK
• Murder Mens Rea:

  • intend to kill or
  • intend to cause GBH: VICKERS
  • D may directly intend to kill or cause GBH – death or GBH is his aim or purpose: MOHAN.