MURDER

?

MURDER:

  • Lord Coke's definiton: "unlawful killing of a reasonable creature in being under the Queen's peace with malice aforethought either express or implied". 

ACTUS REUS:

1. 'Killing' - this can be done by either an act or omission, most likely an act however general rule for omissions is that D isn't guilty unless there is a duty owed. 

Duty to act situations; Contractual - Pittwood, Relashonship - Gibbons + Proctor, Voluntarily assuming responsibilty - Stone V Dobinson, Offical position - Dytham and Creating a dangerous situation - Miller 

Prosecution have to prove D's conduct was; 1…

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