Sunday 23 February 2014

Murder

Murder

- Under Lord Coke definition, Murder is defined as the unlawful killing of a reasonable person with malice aforethought.

Actus reus
The Actus reus of murder is unlawful killing. The only prerequisites for this crime is it must be done to a reasonable person at a reasonable situation.

Mens rea
The Mens rea for murder is malice aforethought, which is either intent to kill (express malice) or commit GBH (implied malice as R v Cunningham).

- R v Moloney held that the foresight of consequences could be evidence of intention.

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