When directing a jury on recklessness as to consent under s 61HE(3)(b) of the Crimes Act 1900 (NSW), the relevant distinction is between subjective and objective recklessness, and it is not necessary (and may be detrimental) to direct the jury on the distinction between advertent and inadvertent recklessness or to include the additional words from Tolmie about the risk being obvious to someone with the accused's mental capacity.
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