Murder Actus Reus Revision cards


Definition of Murder

The definition of murder is: 

  • The unlawful killing 
  • Of a reasonable person in being 
  • under the Queens peace
  • With malice aforethought expressed or implied
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Unlawful Killing

  • Unlawful means to not give consent 
  • R v Brown tells us you cannot consent to GBH 
  • So you cannot consent to murder 
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Reasonable person in being

  • A person is not classed as a human when they are brain dead or inside the womb. 
  • Malcherek and Steel- Doctors will not be liable for turning off life support machines 
  • Attorney general reference No.3 1994- D will be liable if a foetus is intentionally stabbed and dies after birth. 
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Under the Queens peace

  • A killing of an enemy in war is a lawful killing 
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