Murder-actus reus

Question 1

what is the definition of murder?

Answer 1

• common law offence]
• (Sir Edward Coke (17th Century))-“…the unlawful killing of a reasonable person in being and under the King (or Queen’s) peace with malice aforethought, express or implied.”
• Actus reus;
  
  • unlawful killing
  • of a reasonable person in being
  • under the queen’s peace
• Mens rea
  
  • malice aforethought, express or implied

Question 2

what is the actus reus for murder?

Answer 2

unlawful killing of a reasonable person in being under the queen’s peace

Question 3

what is the first step of murder actus reus?

Answer 3

unlawful killing

• establish whether it is an act or omission and identify it
• examples of omissions: arising from duties:
  
  • (Gibbins v Proctor)-relationship
  • (Pittwood)-contractual duty
  • (Miller)-dangerous situation
  • (Stone and Dobinson)-voluntarily
  • (Dytham)-public position)

-state whether it is unlawful

Question 4

what is the second step for murder actus reus?

Answer 4

reasonable person in being

• human being
• foetus not a human being
• (Malcherek and Steel)-brain dead

Question 5

what is the third step of murder actus reus?

Answer 5

under the queens peace

-killing in peacetime