Murder

Contained in the Homicide Act 1957. An indictable offence with a mandatory sentence of life imprisonment.

Actus reus: The unlawful killing of a reasonable person in being under the Queen's Peace.

'Unlawful' means that there is no lawful reason for it (e.g. execution, or in times of war).

A 'reasonable person in being' is someone who has been "wholly expelled from the womb" (R v Enoch / A-G's Reference (No. 3 of 1994)).

'Killing' means that the reasonable person in being is now braindead (R v Malcherek & Steel).

The 'Queen's Peace' means that the UK is not at war within its borders at the time.

"But for" test (R v Pagett) must prove factual causation.

Significant contribution (R v Smith), thin skull rule (R v Blaue), third party intervening acts (R v Cheshire / R v Jordan), victim's own acts (R v Roberts / R v Williams), and acts of God must not break the legal chain of causation.

Mens rea: With malice aforethought, either express or implied.

Express malice is when D intends to kill his victim.

Implied malice is when D intends to commit GBH S18 and death occurs (R v Vickers).

Intention is a decision by D to bring about a prohibited consequence (R v Mohan).

Direct intention is when the actual result is the desired result.

Indirect intention is when the actual result goes beyond desired result (R v Woollin / R v Nedrick).

The virtual certainty test asks if the actual result was a virtual certainty as a result of D's actions, and is the test for indirect intention.