murder

• Lord Coke: 'the unlawful killing of a reasonable being under the kings peace with malice aforethought, express or implied'
• Murder


  The most serious of the fatal offences, reflected in the sentence of mandatory life imprisonment
• Actus Reus (AR) of killing


  1. Act

  2. Omission
• The act or omission must have caused the death
• A foetus cannot be killed
• If a foetus is injured and the child is born alive but dies afterwards, because of the injuries


  This can be the AR of murder or manslaughter
• Killing an enemy in the course of war is not murder
• Killing a prisoner in course of war is sufficient for the AR of murder
• Unlawful killing


  Not in self-defence, in defence of another or in prevention of crime
• Malice aforethought


  Either intent to kill (express) or intention to cause GBH (implied)
• Foresight of consequences


  Evidence of intention
• If death or serious injury was virtual certainty and the D appreciates that


  Oblique intent may be shown