When directing a jury on s 23(1)(b) Criminal Code 1899 (Qld), the trial judge must direct that what must be foreseeable is injury of the kind in fact suffered, not merely injury of any kind. A direction referring to foreseeability of 'some injury' without clearly linking it to the type of injury actually sustained is ambiguous and potentially misdirecting. However, where the jury has already found the act was conscious and deliberate and not in self-defence, the proviso may be applied if conviction was inevitable on a proper direction.
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