murder

• define murder


  lord coke - the unlawful killing of a reasonable person in being and under the kings peace with malice aforethought, express or implied
• actus reus elements

  1. has D caused the death
  2. of a reasonable person in being
  3. under kings peace
  4. was the killing unlawful
• 1. has D caused the death


  V must be killed by act or omission. D cant be guilty unless they cause the death ( causation )

  omission ( gibbins & proctor ) failure to feed 7 yr old girl enough for AR for murder
• 2. of a reasonable person in being

  • means a human being
  • in AG ref (no3 of 1994) (1997) stated by house of lords that where foetus is injured, child born alive but dies afterwards due to injuries, this can be actus reus for murder
  • doctors allowed to switch off life support without being liable for murder
• 3. under kings peace

  • means killing an enemy during war is not murder however killing a prisoner of war would be sufficient for AR of murder
• 4. was killing unlawful

  • killing not unlawful if in self-defence, defence of another or prevention of crime and D used reasonable force in circumstances
• mens rea for murder

  • malice aforethought, express or implied
  • express malice aforethought - intention to kill
  • implied malice aforethought - intention to cause GBH
  • meaning a person can be guilty of murder even if they didnt intend to kill decided in R V VICKERS
  • confirmed in cunningham - D killed V by hittiing with pub stool. house of lords dismissed appeal as he had intent to cause GBH which was sufficient MR