Recklessness for the purposes of malice under s 5 of the Crimes Act 1900 (NSW) (and for statutory offences employing the word 'recklessly' since the repeal of s 5) continues to require proof of foresight of the possibility, not the probability, of harm. The word 'possibility' bears its ordinary English meaning and does not require a direction distinguishing between 'merely theoretical' and 'real' possibilities. The question whether 'inflicts' in s 35(1)(b) encompasses disease transmission with delayed symptoms remains open for High Court consideration.
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