Understanding Murder in Criminal Law
This comprehensive section explores the fundamental aspects of murder under common law. The content examines both the physical and mental elements required for a murder conviction.
Definition: Murder is defined as "the unlawful killing of a reasonable person in being and under the kings (or Queens) peace with malice aforethought, express or implied" as established by Lord John Coke.
Highlight: Murder carries a mandatory life sentence and is classified as a common law offense rather than a statutory one.
The actus reus (physical elements) of murder consists of several key components:
Vocabulary: Actus Reus refers to the physical elements that must be proven:
- The defendant must have caused death through action or omission
- The victim must be a reasonable creature in being
- The killing must occur under the queen's peace
- The act must be unlawful
Example: In the case of Attorney-General's Reference (No3 of 1994) (1997), it was established that a homicide offense cannot be charged for the killing of a foetus, as the child must have an independent existence from the mother.
The mens rea (mental element) encompasses two types of malice aforethought:
Vocabulary: Mens Rea involves:
- Express malice aforethought: direct intention to kill
- Implied malice aforethought: intention to cause grievous bodily harm (GBH)
Example: The Malcherek 1981 case provides important context regarding brain death determination in murder cases, where doctors had conducted multiple but not all brain death tests.
