murder

• common law offence
• murder = a person can be found guilty of murder if they unlawfully kill a reasonable person in being under the King's peace with malice aforethought express or implied
• actus reus = unlawful killing
• result crime, V must have been killed by act or omission (Gibbins & Proctor)
• test for death = brain stem died (Malcherek)
• a foetus is not a reasonable person in being (AGs ref no3)
• King's peace is not in a time of war
• mens rea = malice aforethought express or implied (Vickers)
• express = intent to kill
• implied = intent to cause GBH
• intention (Mohan)
• oblique intent (Woollin)