Murder

• Murder definition

  Common law offence, defined by Lord Coke as “the unlawful killing of a reasonable person in being under the kings peace with malice aforethought expressed or implied” 
• The unlawful killing  of a reasonable person in being (Re A)
• Killed by an act or omission (Gibbins and Proctor)
• Test of death is whether the brain stem has died (Malcherek)
• foetus is not a reasonable person in being (A-G Ref No.3)
• direct intention (Mohan) or oblique (Woolin)
• Malice aforethought express (intention to kill) or implied (intention to cause GBH) (Vickers)