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he prosecution would be entitled to presume voluntariness unless it was to be raised as an issue by the defence. [1] There is nothing on the facts to suggest that Danny 's actions of grabbing the fire poker and beating Alex over 60 times were not "conscious" or "willed". []Causation It is required that the perpetrator causes the victim 's death pursuant to s 18(1)(a) Crimes Act 100 (NSW). Has Danny caused the death of Alex? On application of the facts, it must be shown that Danny 's conduct in having beaten Alex with the fire poker was a substantial and operating cause of Alex 's death. [] It is clear that Danny 's voluntary act had caused the death of Alex and there is no issue of intervening acts on the facts and hence the actus reus would be established. MENS REA FOR MURDER UNDER SECTION 18 For the purposes of criminal responsibility, to satisfy the statutory mental elements for the crime of murder, the mens rea for murder requires that Danny had done the act either with the intent to kill or inflict grievous bodily harm, or with reckless indifference to human life. [4]1. Falconer v R (10) 171 CLR 0. Ibid.. Royall v R (11) 17 CLR 784. Section 18(1)(a) Crimes Act 100 (NSW) states 'Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 5 years.' Section 18(1)(b) Crimes Act 100 (NSW) states "Every other punishable homicide shall be taken to be manslaughter
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