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Murder (Actus Reus of Murder (Circumstance (Of a Person (Unborn child…

- - - - As long as act results in death, specifics of the act are irrelevant
    - - Murder capable of commission by omission
        
        R v Gibbons and Proctor :red_flag:
  - - - Exception: killing of alien enemies in the heat of war.
        
        HOWEVER: killing of an alien enemy in a war zone, and not in the heat of battle will be considered under the Queens Peace -> D will satisfy AR of murder.
      - Murder or Manslaughter committed by a British citizen in any land outside the UK the offernce can be tried and punished in England.
        
        s.9 of the Offences Against the Person Act 1861 :red_flag:
        
        page 4
    - - All elements of the AR & MR must be satisfied, and there being no lawful defense - then liability for murder may be found.
        
        a person can be found not liable for causing death, i.e. self-defense
    - - Victim must be a human being
      - Unborn child (foetus) is not a person under criminal law
        
        Killing of an unborn child leads to a different offence (Child distruction; procuring miscarriage) but not murder.
      - V becomes a person when fully expelled from the womb and alive.
        
        R v Poulton :red_flag:
      - Life ends, for the purpose of law, when V is medically dead to the point of 'brain death' (complete and irreversible non-functioning of the brain stem)
        
        R v Bland :red_flag:
  - - - D's act or omission must cause V's death
        
        Application of factual and legal causation...
      - Acceleration of death (i.e. mercy killing) still fulfills AR and MR of murder.
        
        R v Inglis :red_flag:
        
        Belief of D that the murder would be an act of mercy would be a mitigating factor on sentencing.
- - - - R v Cunningham :red_flag: