Murder

Question 1

What type of crime is murder

Answer 1

Common law offence

Question 2

Define murder

Answer 2

Defined by Lord Coke in 1797 as “unlawful killing of a reasonable person in being under the kings peace with malice aforethought express or implied”

Question 3

What is the actus reus of murder

Answer 3

Unlawful killing. If the killing was ‘necessary’ it would not be unlawful. Lawful killing may arise in situations of self defence

Question 4

What is the mens rea of murder

Answer 4

Malice aforethought express or implied
The intention can either be express(to cause death) or implied (to cause GBH)
This can either be direct (intent to kill or cause GBH) or oblique where it’s not eh D aim or purpose to bring about a prohibited result but he foresees that result as a virtual certainty to occur due to his actions