OCR law - murder

• what is the definition of murder from lord coke?

  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

  r v vickers