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Murder (Actus Reus (1) reasonable creature in being (a foetus (the child…

- - - - the child must have an 'existence independent from the mother'
      - HL stated that if the foetus is injured and then born alive but dies afterwards as a result of the injuries, this can constitute the actus reus of either murder or manslaughter
      - a homicide offence cannot be charged for killikg a foetus
  - - - court ruled that brain dead = death
  - - - now no time limit, however, if it occurs 3 years and then AG consent needed to prosecute
- - - - a person may be found guilty of murder even though he did not intend to kill
  - - - intent to bring about a particular consequence
      - R v Mohan
    - - consequence must be a 'virtual certainty' & D must realise it
      - R v Woolin
      - R v Matthews & Alleyne
        
        only evidence which jury may take into consideration