Murder

Murder

1. The unlawful killing of a human being under the Queen's peace with the malice aforethought, express or implied (Sir Edward Coke)

2. Death

   • R v Malcherek
   • Death occurs when there is brain dead

3. Human being

   • V is a human being if they can sustain life independently from their mother
   • A foetus in the womb is not classed as a human being

4. Under the queen's peace

   • Killing under peacetime is illegal

5. Mens rea

   • 'Malice aforethought, express or implied'
   • Express= Intention to kill
   • Implied= Intention to cause GBH
   • R v Vickers
     • The court held that an intention to cause GBH, that has resulted in the death of the V satisfies the mens rea of muder
   • The are 2 types of intention
     • Direct Intention
       • Where the D wants to kill or cause GBH, it is their aim, desire or purpose
         • R v Mohan
     • Oblique Intention
       • Where the D main aim is not to kill or cause GBH, but where the death of the V was virtually certain consequence and the D foresaw this and is determined to continue. They are liable for murder. (R v Woollin)

6. Causation

   • The D must be the factual and legal cause