Where did Lord Coke define murder ?
Coke, 3, inst 47.
What did Lord Coke define murder as …
“The unlawful killing of a reasonable creature in being, under the king (or queens) peace - in any country of the realm - with malice aforethought (express or implied)”
What are the actus reus elements required for murder ?
- Unlawful killing
- Reasonable creature (human being)
- Under the king (or queens peace)
- In any country of the realm -
What is the mens rea required for murder ?
Malice aforethought (express or implied)
What are the two ways an unlawful killing may be carried out ?
Which case comes under this area ?
- A positive act
- Omission
Rv Gibbins and Proctor
The requirement of ‘reasonable creature in being’ asks what ?
-What is a human being
-When does life begin ?
-When does life end ?
When does life begin ?
Where was this ruling given ?
Once having gained ‘an independant existance outside the mothers womb’
AG ref No.3 1994
When does life end ?
Which case defines this ?
‘Brain death’
Re A
What is meant by ‘under the king or queens peace’ ?
Which case comes under this area ?
-No offence in times of war
Rv Page
What does “in any country of the realm” mean.
Simply meant to mean any area where UK courts have jurisdiction. Now more of an anchor which rules UK citizens can be tried for murders committed abroad.
What is meant by express malice aforethought ?
Which cases show this ?
The defendant intends to kill the victim, with either direct intent or oblique intent.
-Rv Mohan
-Rv Woolin
What is meant by implied malice aforethought ?
Which case shows this ?
The defendant intends to cause GBH (really serious harm) and has direct or oblique intent as to GBH.
DPP v Smith
