But it's legal
,Definition of Murder
Homicide - Term to describe the unlawful killing of another human.
Murder - A common law offence. Widely accepted definition was given by
Lord Coke in the 17th century:
‘Murder is the unlawful killing of a reasonable creature in being and under the
King’s Peace with malice aforethought, express or implied’
Lord Coke with his ancient Coke
,The Actus Reus of murder
When you kill someone:
Actus Reus of murder: ‘the killing of a reasonable creature in being and
under the Queen’s/King’s Peace’
‘Killed’ - Actus Reus of killing can be by an act or omission if the death
of the victim is caused as a result.
An omission/failure to act can make another person liable for murder
which is shown by the case: R v Gibbins and Proctor (1918)
Activity: what are the facts of the case above?
, Answer
The child’s father and his wife starved his child as a result
causing her death. The defendants were charged with the
child’s murder.