A-
Level
Law:
Crimi
nal
Law
(01)
Topic 3: Fatal Offences
1) Murder
Name:
Teacher:
, Murder
Murder is the most serious criminal offence and it is still a common law offence.
This means that it has not been defined by an Act of Parliament. It has been defined
by judges in different cases and the accepted definition is from Lord Coke, a 17 th
century judge:
“Murder is the unlawful killing of a
reasonable person in being under the
King’s (or Queen’s) peace with malice
aforethought, express or implied.”
The English courts can try a British citizen for an alleged murder that was committed
either in England or Wales, or in any other country, e.g. America.
Actus Reus of
Murder
This is the unlawful killing of a reasonable creature in being and under the
Queen’ Peace. It has to be proved that:
The D killed
A reasonable creature in being
Under the Queen’s Peace and;
The killing was unlawful.
Killing
Level
Law:
Crimi
nal
Law
(01)
Topic 3: Fatal Offences
1) Murder
Name:
Teacher:
, Murder
Murder is the most serious criminal offence and it is still a common law offence.
This means that it has not been defined by an Act of Parliament. It has been defined
by judges in different cases and the accepted definition is from Lord Coke, a 17 th
century judge:
“Murder is the unlawful killing of a
reasonable person in being under the
King’s (or Queen’s) peace with malice
aforethought, express or implied.”
The English courts can try a British citizen for an alleged murder that was committed
either in England or Wales, or in any other country, e.g. America.
Actus Reus of
Murder
This is the unlawful killing of a reasonable creature in being and under the
Queen’ Peace. It has to be proved that:
The D killed
A reasonable creature in being
Under the Queen’s Peace and;
The killing was unlawful.
Killing
