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HOMICIDE 2 - MURDER
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- Words:
- 591
- Submitted:
- Tue Oct 17 2006
... HOMICIDE 2 - MURDER DEFINITION The classic definition of murder is that of Sir Edward Coke (Institutes of the Laws of England, 1797): "Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country 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." For the purposes of convenience, we can say that murder is the unlawful killing of a human being under the Queen's peace with malice aforethought. However, death no longer need occur within a year and a day. ACTUS REUS 1. UNLAWFUL KILLING The killing must be unlawful. Certain defences, eg self-defence, will make a killing lawful. The act (or omission) of the defendant must have been
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