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Murder (Definition (17th Century (Lord Coke) (The unlawful killing, Of a …
Murder
Definition
17th Century (Lord Coke)
The unlawful killing
Of a reasonable creature in being
Under the Queen’s peace
With malice aforethought express or implied
Present Day
Cause the death without lawful defence
Of a human being
Killing an enemy in wartime is not murder
With intention to kill or cause GBH
AR
Unlawful Killing
A killing is not unlawful if done in self-defence provided D uses “reasonable force”
Criminal Justice and Immigration Act 2008
D not expected to weigh up their actions “to a nicety”
Evidence that D acted honestly and instinctively” is strong evidence that the force used was reasonable.
Certain deaths accelerated by the medical profession may also be lawful
Airedale NHS v Bland 1993
Gibbins and Proctor 1918
D and new wife failed to care for D's daughter. This is an "Omission"
Ratio= Omission can give rise to liability for murder if D has a duty to act