Where the Crown concedes that intentional causing of serious injury cannot be proved, the alternative count of recklessly causing serious injury requires proof that the accused foresaw the probability of serious injury — a standard that may be logically inconsistent with the concession on intent. Post-offence conduct (lies and failure to seek medical treatment) cannot establish consciousness of guilt for reckless injury where the conduct is equally consistent with consciousness of guilt for negligent injury.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.