actus reus murder

Question 1

what is murder?

Answer 1

the unlawful killing of a reasonable creature in being and under the Queens peace with malice aforethought, expressed or implied

Question 2

what is not unlawful killing?

Answer 2

self defence, prevention of crime or defendant used reasonable force

Question 3

reasonable creature in being - foetus

Answer 3

must be expelled from body and have independent circulation

umbilical cord not need to be cut

cold don’t have to take first breath to be considered reasonable

injured but die after born-can be actus reus

ATTORNEY GENERALS REFERENCE

Question 4

reasonable creature-brain dead

Answer 4

doctors can switch off support machines without breaking chain of causation MALCHEREK

Question 5

year and a day rule

Answer 5

no time limit but if death occurs more than 3 years later than attack, Attorney General is needed for prosecution