The proper jury direction on the defence of accident under s 23 of the Criminal Code (Qld) is that the Crown must establish the accused intended or foresaw the event as a possible outcome, or that an ordinary person in the accused's position would reasonably have foreseen it as a possible outcome, excluding possibilities that are no more than remote and speculative. The Crown is not required to prove that death was a 'probable or likely' consequence. The earlier reference in Van Den Bemd to 'probability or likelihood' was not intended to set a higher threshold than reasonable foreseeability of a possible outcome.
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