Murder

Murder

1. unlawful killing

   • not in self defence or with legal permission (Re A)

2. creature in being

   • not a person on life support (Malcharek and Steel) or a foetus (ag's ref)

3. malice aforethought

   • must have direct (Vickers) or oblique (Woolin) intention to kill or cause serious harm

4. within the queens peace

   • must not be during war time (R v Page)
   • killing a prisoner of war will amount to murder

5. common law defintion

   • Lord Coke in 1797 defined murder
   • the unlawful killing of a creature in being within the queen's peace with malice aforethought

6. legal (R v Kimsey) and factual (R v White) causation applies