Murder notes

Definition: Lord Coke - "The unlawful killing of a reasonable creature in being under the Queen's Peace with malice aforethought, express or implied."

ACTUS REUS The unlawful killing of a reasonable creature in being under the Queen's Peace. The killing must be unlawful The AR can be an act or omission- MUST cause V's death

OMISSIONSA failure to act cannot make a person guiltyExceptions Contractual duty Duty because of a relationship Duty undertaken voluntarily Duty arisen because of a chain of events Duty through an official position

MENS REAMalice aforethought - express or impliedExpress malice aforethought - intention to killImplied  malice aforethought - intention to cause GBHA D has the MR for murder if he has either intention. D can be guilty of murder even if they did not intend to kill.Foresight of consequencesOblique intent = where the D does not have the MR for murder unless he foresaw that he would cause death/serious injury.D's main aim was not the death of the victim, but something different.D must intend/foresee death/really serious injury would be caused to the V. Was death/really serious injury a natural consequence of D's act? Did the D foresee that consequence as being a natural result of his act?

MURDER