Murder

• common law
• 'the unlawful killing of a reasonable person in being under the kings peace with malice aforethought express or implied'.
• Gibbins and Proctor

  Can be an act or omission.
• A-G ref's no.3

  A foetus is not a person in being but if born alive and died from injuries then could be manslaughter/murder.
• Malcherek

  Not an offence to switch off life support - if done by medical staff.

  The test of death is where the brain stem has died.
• Killing of an enemy in the course of war is not murder.
• Vickers

  The intention to cause GBH is enough for the conviction.
• Express intent

  Intention that is direct or oblique to kill.
• Implied intent


  Intending to cause serious harm (GBH) - direct or oblique.