murder

Question 1

what are the actus reus requirements for murder?

Answer 1

the unlawful killing of a human being under the queen’s peace (killing enemy soldiers in times of war is not murder)

Question 2

what must be shown to satisfy requirement of killing?

Answer 2

• the defendant was factual cause of V’s death
• was the legal cause of V’s death
• there was no intervening act

Question 3

do foetuses and unborn children constitute a human being?

Answer 3

no so cannot be murdered

a foetus born prematurely following an attack that then dies is a human being

Question 4

what is the mens rea for murder?

Answer 4

defendant performs the actus reus with malice aforethought.

an intention to kill or cause grievous bodily harm