Recklessly causing injury is not an included offence within intentionally causing injury under s 421(2) of the Crimes Act 1958, because recklessness requires foresight of result as a probability whereas intention encompasses foresight as either a probability or possibility. However, a presentment may be amended under s 372(1) to add a new count even after the jury has retired, provided the presentment was 'defective' in failing to allege an offence disclosed by the depositions and the amendment causes no injustice. The objective standard for criminal negligence manslaughter does not permit allowance for the accused's cognitive deficits or chronic alcoholism; those matters go only to penalty.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
3 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.