MENS REA FOR MURDER UNDER SECTION 18:

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”. [2]Causation It is required that the perpetrator causes the victim ‘s death pursuant to s 18(1)(a) Crimes Act 1900 (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 p...