The meaning of 'recklessly' in s 17 of the Crimes Act 1958 (Vic) and related provisions remains as stated in R v Campbell [1997] 2 VR 585: the prosecution must prove that the accused foresaw the probability (not merely the possibility) of serious injury. The High Court's decision in Aubrey v The Queen (2017) 260 CLR 305 does not alter this position for Victorian offences, given the materially different legislative context. Any change to the test for recklessness in Victoria would require legislative action.
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