murder

Murder

Unlawful killing of a human being under the Queens peace with malice a forethought express or implied

AR 1

Unlawful killing - not self defence, ( R v Clegg, lawful)

AR 2

Brain dead - R v Malachereck and Steel. Must be a human being A foetus is not a human being AG ref. 3 1994.

AR 3

Queens peace - R v Paige killing during wartime lawful.

Causation in fact

But for test R v White

Causation in law

D’s actions must be more than minimal. R v Cheshire.

MR 1

Malice a forethought- the intention to kill (express) or cause GBH (implied). R v Moloney.

MR 2

Direct Intention. Ds purpose R v Mohan

MR 3

Oblique - D realises it. R v Woolin