Murder

• ‘’The unlawful killing of a human being under the King’s Peace with malice aforethought’’

  Unlawful killing; No legal definition of death instead use the medical definition of being brain stem dead, a killing is seen as not unlawful if it is done in self defence, a doctor withdrawing treatment will not normally be an unlawful killing; Malcherek

  Human being; (Actus Reus) ‘an unborn child is not a human, it is only human once it has taken an independant breath’; AG’s Ref No 3 of 1994

  King’s Peace; (Actus Reus) ‘killing at war is generally not murder’; Blackman

  Malice Aforethought; (Mens Rea)
• Actus Reus

  Causation must be proven for the Actus Reus, must be show the defendant caused the death of the victim through either an act or an omission; Gibbins and Proctor
• Mens Rea

  The Mens Rea for murder is provided through ‘malice aforethought’, this has been interpreted to mean ‘an intention to kill or intention to cause GBH’

  • Defendant can still be guilty if he only intended serious harm

  A specific intent crime meaning the Mens Rea can be satisfied through direct (Mohan) or oblique intent (Woollin)
• Transferred Malice/Coincidence (if they apply)

  Transferred malice if the intention is mistakenly directed at an unintended victim (Pembilton)

  The Actus Reus and Mens Rea must coincided at the same time, when they do not apply at the same time the courts will look at if there is a sequence of events or continuing act (Thabo Meli; Fagan V MPC)