18 September 2019

DPP seeks to determine interpretation of recklessness

The Director of Public Prosecutions, Kerri Judd QC, has referred a point of law to the Court of Appeal to determine the correct interpretation of ‘recklessness’ for offences other than murder, in particular the offence of recklessly causing serious injury.

The DPP will be submitting that, consistent with High Court authority established in Aubrey v The Queen [2017] HCA 18, the correct interpretation of the offence of recklessly causing serious injury is that an accused person had foresight of the possibility of serious injury, rather than the probability of serious injury.

The current interpretation of recklessness applied in Victoria requires foresight, by the accused, of the probable consequence of their actions.

The Director can refer a point of law to the Court of Appeal pursuant to section 308 of the Criminal Procedure Act 2009.

For further information contact:

Anthony Loncaric 

03 9603 2603