Murder

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Murder

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' 

AR elements: 

-Unlawful killing 
-Of a reasonable person in being 
-Under the Queens peace

MR elements: 

-With malice aforethought 
-expressed or implied 

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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 

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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 

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