Actus Reus of of murder

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  • Actus Reus of Murder
    • The defintion of murder by Sir Edward Coke is...
      • 'the unlawful killing of a reasonable person in being, under the Queen's peace, with malice afore thought express or implied.'
    • Break down of the actus reus
      • Unlawful
        • Killing a POW because they are 'under the Queen's peace'
        • Omission
          • Where a person has  a duty to act but has failed to act
            • Stone v Dobinson 1977 - sister, anorexic failure to care
            • Pittwood 1902 - railway contract
      • Reasonable person in being
        • A reasonable person in being under the law isn't a foetus or a person who is brain dead
          • Foetus isn't a being until it has been expelled from the womb
            • If a foetus has been injured whilst in the womb then you will be liable
              • Attorney General Reference 1997 - verdict likely to be manslaughter
          • not unlawful to switch off life support machines - doctors
            • Malcherek and Steel 1981


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