What is the definition of murder?
The unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought express or implied
What is the actus reus for murder?
The unlawful killing if a reasonable creature in being under the Queen’s peace
What is the mens rea for murder?
With malice aforethought express or implied?
The breakdown of the AR for murder
- Unlawful
- killing
- Reasonable creature in being
- D caused the death
- Queen’s peace
Unlawful
Where the d has no valid defence
Killing
Caused by an act or an omission
No legal definition of death
Reasonable creature in being
V must be a reasonable creature in being
Enoch Poulton
D must have caused the death
Causation applies:
V’s own act
Act of a third party
Unforeseeable/Unpredictable event
This skull rule
Malice aforethought express
Where the D intends to kill the victim
Malice aforethought implied
Where the D intends to cause serious harm to the V but they die as a result of injuries
Vickers Cunningham
