Defintinition: Unlawful killing of a reasonable human being under the queens peace with malice aforethought.
A killing is not unlawful if D uses"reasonable force" in self-defence or defence of another.
Killing can be n act or omission
Gibbins and Proctor 1918
Facts:Failed to feed their child
Ratio: They had a duty of care to look after their child. An omission can give rise to liability for murder if D has a duty to act
A human being
Foetus - at the point of birth and after its first breath
AG's Reference (No.3 of 1994)1998
Facts: D stabbed pregnant partner, baby born alive, died.
Ratio:HL stated that where the foetus is injured and the child is born alive but dies afterwards as a result of injuries.
Malcherek and Steel 1981:
Facts: D stabbed his wife who was put on life support machine in hospital. Dr's wanted to switch it off.
Ratio:The recognised test is that when a person is "brain dead", dr's can switch off life support machine without committing