... decisions over the last 20 years. The mental element required for murder has varied over the centuries, from when judges were prepared to treat killing by any unlawful act as murder, there has been a steady contraction of the definition of murder. Section 1 of the Homicide Act 1957 provided for the abolition of constructive malice, whereby a person would be guilty of murder if they caused death whilst undertaking any other violent felony. This has left two principal kinds of malice aforethought which constitute the mental element of murder: 'express' and 'implied'. It would be reasonable to assume that the definition of such a fundamental term as 'intent' would have long been clearly determined, but the matter has in fact only recently been (substantially) resolved. However, the meaning of 'intent', which is required by these two types of malice to constitute murder, has been the subject of much controversy. ...

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