Murder is the most serious criminal offence someone can commit, and yet it is defined not by statute but by Coke’s Institutes – the words of a barrister some 250 years ago. Much of these words, like malice aforethought, are inaccurate and case law over the years has shown that the law on murder and voluntary manslaughter requires clarification.
The physical element of murder, the actus reus, simply requires the D to unlawfully kill another human being.
