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Criminal Law
5) Fatal offences against the person
Murder
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Rozanna Omran
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What is Murder?
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.
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