Murder.

Question 1

murder defined in…

Answer 1

lord coke 1799, the unlawful killing of a reasonable creature in being under the king’s peace

Question 2

unlawful killing means

Answer 2

d hasn’t acted in self defence or in prevention of crime

Question 3

reasonable creature in being means

Answer 3

attorney generals ref (no.3 of 1994)(1997) victim must be born alive and cannot be a foetus

Question 4

under the kings peace means

Answer 4

not in the course of war

Question 5

mens rea

Answer 5

malice aforethought expressed or implied, must be proven that the defendant has malice aforethought, this can either be expressed intention or implied intention

Question 6

express intention means…

Answer 6

d intended to kill v
can be direct (mohan) or indirect (woolin)

Question 7

implied intention means…

Answer 7

d intended to cause gbh
r v vickers established if d intends to cause gbh then there’s sufficient evidence to imply mr is present