murder is the unlawful killing of a reasonable person in being and under the kings peace with malaise aforethought, express or implied
what is the AR of murder?
the d killed
a reasonable creature in being
under the queens peace
the killing is unlawful
"killed"
it can be an act or omission (failure to act r v gibbons and proctor) but it must cause the death
and it may have other causes contributing to the deaths e.g. medical treatment
"a reasonable creature in being"
"human being"
A.G (No 3 of 1994) (1997)- foetus is injured and is born but then dies due to the injuries it can be manslaughter or murder
law reform (year and day rule) act 1996: sets no limit on when the death may occur after the unlawful act, however more than 3 years= need for A.G consent for prosecution
"queens peace"
means that killing an enemy in the course of war is not murder
"unlawful"
the killing must be unlawful
is not unlawful if it is:
self- defence
defence of another
prevention of crime
MR of murder
express malice aforethought: the intention to kill
implied malice aforethought: the intention to cause GBH
