Murder

• Fatal Offences Against the Person

  • Murder
  • Diminished Responsibility
  • Loss of Control
  • Unlawful Dangerous Act Manslaughter
  • Gross Negligence Manslaughter
• Murder


  The unlawful killing of a reasonable creature in being under the King's Peace, with malice aforethought express or implied
• Actus Reus for Murder

  • Unlawful
  • Reasonable Creature in Being
  • King's Peace
• Unlawful


  The killing must be illegal
• When the killing is not illegal

  It will not be considered unlawful
• Reasonable Creature in Being

  The victim must be regarded as a human, a foetus will not be regarded as a person, nor will someone who is braindead
• Cases supporting Actus Reus for Murder

  • Beckford v R
  • AG Ref No 3 of 1984 (foetus)
  • R v Malcherek v Steel (braindead)
• King's Peace


  The death must have occurred under the King's peace, as the killing of the enemy during war is not murder
• Case supporting King's Peace aspect of Actus Reus


  • R v Blackman
• Mens Rea for Murder

  • Direct Intention
  • Indirect Intention
  • Express Intention
  • Implied Intention
• Direct Intention


  D has direct intention if it is their aim, desire, and purpose to bring about the consequence
• Case for Direct Intention

  • R v Mohan
• Express Intention


  D intended V to die
• Implied Intention


  D intended to cause serious harm to V, but they actually cause V to die