The conjunction of likelihood and recklessness in the Lockwood test for wilfulness under Chapter 46 of the Queensland Criminal Code requires, according to Fitzgerald P, foresight that the result was more probable than not and so probable that the act is properly described as reckless attracting criminal responsibility. However, the three judges did not reach a unanimous view on the precise meaning of 'likely' — Pincus JA tentatively favoured the Boughey formulation of a 'real and not remote' chance, and Mackenzie J reserved his opinion. The question of the precise threshold remains unresolved as a matter of binding authority. Sir Samuel Griffith's letter forwarding the Draft Criminal Code is now available as an extrinsic aid to interpretation following amendments to the Acts Interpretation Act 1954.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.