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  • Murder
    • Definition
      • Sir Edward Coke 1797: "Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth ... any reasonable creature n rerum natura under the king's peace, with malice aforethought, either expressed by the party or implied by law"
      • Murder occurs when someone unlawfully kills another person with an intention to either kill or to do serious harm
    • Actus Reus
      • 1. Unlawful killing
        • Some killings may be lawful. Self defence or the prevention of crime, may mean that a killing was not unlawful. Some killing may be authorised e.g war time, killngs by the police or the death penalty
      • 2. Reasonable creature
        • When does life start: A-G's Ref (No. 3 of 1994) (1997) - Must have an independent existence to the mother
      • 3. Under the Queen's Peace
        • This means that it is not considered murder if you kill an enemy during war time
    • Mens Rea
      • The mens rea as in Cokes definition is killing with malice aforethaught
        • Malice: intending to cause damage or harm. This can be misleading as there is no requirement for malice
        • Aforethought: Planning or premeditation however, this can again be misleading as most murders are committed in the spur of the moment and are not premeditated
          • Malice Aforethought means that the defendant must either intend to kill or intend to cause GBH - "really serious" harm  - DPP v Smith
            • Malice: intending to cause damage or harm. This can be misleading as there is no requirement for malice
      • The MR of murder is intention only a murder cannot be committed recklessly. There are two types of intention
        • Direct intention - In this case the defendant wants to cause the result e.g. R v Mohan & R v Vickers
        • Oblique intention - The defendant admits the AR but did not intent to kill or cause GBH it is left to the jury to decide if intention can be found e.g. R v Hyam & R v Moloney & R v Hancock & Shankland & R v Nedrick & R v Woollin & R v Mathews & Alleyne
    • Omissions
      • The death will usually occur due to a positive act caused by the defendant however the death can sometimes be caused by an omission
        • If the defendant fails to carry out a duty that they owe to the victim and this failure causes the victims death then the death has been caused by an omission
          • Cases: R v Stone & Dobinson - voluntary acceptance of responsibility, R v Gibbons & Proctor - Parental Duty, R v Miller - the creation of a dangerous situation
    • Causation
      • There are two types of causation: Factual and Legal
        • Factual Causation test: 'But for' test - R v White
        • Legal Causation test: The act must be the operating and substantial cause of the harm/death
        • There must be no breaks in the chain of causation, if the chain is broken they cannot be found guilty of murder

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