Murder

This lesson covers the offence of murder — the most serious criminal offence in English law. Murder is a common law offence, meaning it is defined by case law rather than statute. You need to understand Coke's definition, the elements of the actus reus and mens rea, the mandatory life sentence, and relevant case authorities.

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Key Terms

Term	Definition
Murder	The unlawful killing of a reasonable creature in being under the Queen's/King's peace with malice aforethought
Coke's definition	Sir Edward Coke's 17th-century definition of murder, which remains the basis of the modern law
Malice aforethought	The mens rea for murder — intention to kill or cause grievous bodily harm
Grievous bodily harm (GBH)	Really serious harm — intention to cause GBH is sufficient mens rea for murder
Year and a day rule	A historic rule requiring death within a year and a day of the defendant's act — abolished by the Law Reform (Year and a Day Rule) Act 1996
Mandatory life sentence	The only sentence available for murder — the judge must impose a life sentence

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The Definition of Murder

Murder is a common law offence. The classic definition was given by Sir Edward Coke in the 17th century:

"Murder is when a man of sound memory and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same."

This can be broken down into the following elements:

Element	Modern Interpretation
"A man of sound memory and of the age of discretion"	The defendant must be sane and above the age of criminal responsibility (10 years old)
"Unlawfully killeth"	The killing must be unlawful (i.e., not justified by self-defence or other lawful excuse)
"Any reasonable creature in rerum natura"	A human being — "in rerum natura" means "in being" (i.e., born alive)
"Under the King's peace"	Excludes killings of enemy combatants in wartime
"With malice aforethought"	The mens rea — intention to kill or cause GBH
"Within a year and a day"	Abolished by the Law Reform (Year and a Day Rule) Act 1996

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Actus Reus of Murder

The actus reus of murder consists of three elements:

1. The Defendant Must Have Caused the Death (Unlawful Killing)

The killing must be unlawful. A lawful killing (e.g., in genuine self-defence) is not murder. The general rules of causation apply — the prosecution must prove both factual and legal causation (see Lesson 1).

2. Of a Human Being (Reasonable Creature in Being)

The victim must be a living human being. This raises two issues:

• When does life begin? A foetus in the womb is not a "reasonable creature in being" for the purposes of murder. However, if a child is born alive and then dies as a result of injuries inflicted before birth, this may constitute murder or manslaughter (Attorney General's Reference (No 3 of 1994) [1998]).
• When does life end? Death is now defined in terms of brain stem death — the irreversible cessation of brain stem function.

3. Under the Queen's/King's Peace

This excludes the killing of enemy combatants in the course of war. Virtually all other killings fall within the scope of the offence.

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Mens Rea of Murder: Malice Aforethought

The mens rea of murder is malice aforethought, which has been interpreted by the courts to mean:

1. Intention to kill (express malice aforethought), OR
2. Intention to cause grievous bodily harm (implied malice aforethought)

Note that "malice aforethought" is misleading: the killing need not be premeditated ("aforethought"), and "malice" does not require ill-will or spite. It is simply a legal term for the required mental element.

Intention to Kill

This is direct intention — the defendant's aim or purpose was to cause the victim's death. The Mohan/Woollin principles (see Lesson 2) apply.

Intention to Cause GBH: The GBH Rule

R v Vickers [1957]

Vickers broke into the house of an elderly woman. She recognised him, so he punched and kicked her repeatedly. She died from her injuries. Vickers argued that he did not intend to kill her. The Court of Criminal Appeal held that an intention to cause GBH was sufficient mens rea for murder, even if the defendant did not intend to kill.

Principle: Intention to cause GBH is sufficient mens rea for murder. The prosecution does not need to prove intention to kill.

R v Vickers [1957]

Vickers broke into a shop and was confronted by the elderly owner. He struck her several blows and she died. The Court of Criminal Appeal upheld his murder conviction, confirming that an intention to cause GBH is sufficient mens rea for murder — the prosecution need not prove an intention to kill.