Murder is the unlawful killing of a human being under the Queen's peace with malice aforethought, express or implied
express = intention to kill
implied = intention to cause GBH
Lord Coke in 17th Century
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Actus Reus
An unlawful killing within the Queen's peace
Killing can be by an act or an omission
Victim must be alive - not a foetus or already dead
Causation - D must have caused V's death
R v Gibbins and Proctor (1998)
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Mens Rea
Intention to kill or intention to commit GBH
Intent can be direct or indirect -
Death or GBH was a virtual certainty of Ds actions
D appreciated that this was the case
R v Nedrick (1986)
R v Woollin (1998)
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Sentence
Judge had to impose a mandatory life sentence
Judge will decide the minimum term the defendant has to serve in prison before release on parol
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Foresight of consequences
Only evidence of intention:
Members of the jury should be directed that they cannot find the necessary intention unless they feel sure that the death or serious injury was a virtual certainty as a result of D's actions and that D appreiciated this was the case.
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