Murder The area of law which is investigated in these two court cases is murder. Murder is the unlawful killing of another person with malice aforethought by a person who is of the age of discretion and of sound mind. For a person to be found guilty of murder there are number of principles of criminal liability which must be proved by the prosecution. These include: - The killing was unlawful - The accused was over the age of discretion - The victim was a human being - The accused was of a sound mind - The victims death was caused by the accused - Malice aforethought existed For malice aforethought to exist ,the accused must have any of the following stat