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Director of Public Prosecutions [DPP] Reference No 1 of 2019
CRIMINAL LAW - Offences - Mental element - Recklessness - Recklessly causing serious injury - Requirement of foresight of probability of serious injury - Whether test should be changed - Whether foresight of possibility of serious injury should be sufficient - Longstanding appellate authority - Whether Court of Appeal should re-open earlier decision - Whether decision 'plainly wrong' - Offence provision re-enacted subsequently - Presumption that legislature accepted existing interpretation - New test would require legislation - No change warranted - R v Campbell  2 VR 585, Aubrey v The Queen (2017) 260 CLR 305 considered - Crimes Act 1958 ss 15B, 17.
WORDS AND PHRASES - 'recklessly', 'recklessness'.