The definition of murder was established by Lord Coke in 1797 as
'The unawful killing of a reasonable person in being, and under the Queens peace, with malice aforethought expressed or implied'
-Of a reasonable person in being
-Under the Queens peace
-With malice aforethought
-expressed or implied
Actus Reus of murder
"The unlawful killing of a reasonable person in being, and under the Queens peace"
Unlawful killing = Act or omission, causation must be considered
Any reasonable person in being = no foetus, has to be independent from mothers existence - AG'S Reference
Under Queens peace = no warfare, killing a soldier of war is not murder
Mens rea of murder
"With malice aforethought expressed or implied"
There are 4 sufficient types of mens rea
1) direct intent to kill - Mohan
2) Indirect intent to kill - Nedrick
3) Direct intent to cause GBH - Vickers
4) Indirect intent to cause GBH