Unlawful killing of a human being under the Queens Peace with malice aforethought, expressed or implied. LORD COKE
- Human being - Wholly expelled from mothers womb and be independant of her POULTON
- Unborn child is not a human - AG ref no. 3 1994 (1998)
- Must be dead- Brain dead - not on life support
- Death must be unlawful - Re A.
- Consent - cannot consent to death - even doctor PURDY
Intention to kill or cause GBH. WOOLLIN
Can be direct or indirect (oblique - virtual certainty)
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