In prosecutions for aggravated burglary under s 76(1) of the Crimes Act 1958 (Vic), the trial judge must direct the jury on the critical question whether the accused entered the premises believing she was entitled to do so, or in assertion of an honest claim of right, and must explain that 'recklessness' in the context of trespass means awareness that one probably does not have permission to enter, not mere carelessness or negligence. The question whether a person who enters premises pursuant to an unlimited permission becomes a trespasser by reason of an illegal purpose remains unsettled.
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