The Law Library of Victoria Home Menu

Director of Public Prosecutions [DPP] Reference No 1 of 2019 [2020] VSCA 181

CRIMINAL LAW, WORDS AND PHRASES
Victorian Court of Appeal
Judge(s): 
Maxwell P, Priest, Kaye, McLeish and Emerton JJA
Parties: 

Director of Public Prosecutions [DPP] Reference No 1 of 2019

Judgment Date: 
2 July 2020
Catchwords: 

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 [1997] 2 VR 585, Aubrey v The Queen (2017) 260 CLR 305 considered - Crimes Act 1958 ss 15B, 17.

WORDS AND PHRASES - 'recklessly', 'recklessness'.

Citation: