Murder
The unlawful killing of a reasonable person in being under the
Murder Queen’s peace with malice aforethought, expressed or implied as
defined by Edward Coke.
Actus Reus: The unlawful killing of a reasonable person in Mens Rea: Malice aforethought, expressed or implied as defined by
being under the Queen’s peace. R v Vickers.
Actus Reus Explanation
Unlawful Killing An act or an omission where there is no valid defence.
Additional Cases (Omissions):
> R v Dytham (1979): A duty through one’s official position.
> R v Gibbons & Proctor (1918): A duty because of a relationship.
> R v Stone & Dobinson (1977): A duty which has been taken on voluntarily.
> R v Pittwood (1902): A contractual duty.
> R v Miller (1983): A duty which arises because the defendant has set in motion a chain of events.
Reasonable Person in Being To be murdered, the victim must be a human being.
Additional Cases:
> Attorney General’s Reference No 3 of 1994 (1997): A foetus (unborn child) is not a human being.
> R v Malcherek and Steel (1981): A person who is classified as ‘brain dead’ is not a human being.
The unlawful killing of a reasonable person in being under the
Murder Queen’s peace with malice aforethought, expressed or implied as
defined by Edward Coke.
Actus Reus: The unlawful killing of a reasonable person in Mens Rea: Malice aforethought, expressed or implied as defined by
being under the Queen’s peace. R v Vickers.
Actus Reus Explanation
Unlawful Killing An act or an omission where there is no valid defence.
Additional Cases (Omissions):
> R v Dytham (1979): A duty through one’s official position.
> R v Gibbons & Proctor (1918): A duty because of a relationship.
> R v Stone & Dobinson (1977): A duty which has been taken on voluntarily.
> R v Pittwood (1902): A contractual duty.
> R v Miller (1983): A duty which arises because the defendant has set in motion a chain of events.
Reasonable Person in Being To be murdered, the victim must be a human being.
Additional Cases:
> Attorney General’s Reference No 3 of 1994 (1997): A foetus (unborn child) is not a human being.
> R v Malcherek and Steel (1981): A person who is classified as ‘brain dead’ is not a human being.
