Full Court Minute Books

Case M131/2020

Director of Public Prosecutions Reference No 1 of 2019

Case No.


Case Information

Lower Court Judgment

02/07/2020 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Priest, Kaye, Emerton & McLeish JJA)

[2020] VSCA 181


Criminal law – Mental element – Recklessness –– Where Victorian Court of Appeal in R v Campbell [1997] 2 VR 585 held that “recklessness” requires foresight of probability of consequence – Where High Court in Aubrey v The Queen (2017) 260 CLR 305 held that “recklessness” for offences other than murder requires foresight of possibility of consequence – Where reference arose from trial in which accused acquitted of recklessly causing serious injury, contrary to s 17 of Crimes Act 1958 (Vic) – Where VCA concluded nothing in Aubrey compelled reconsideration of Campbell – Where VCA held correct interpretation of “recklessness” requires foresight of “probability” of serious injury – Whether, in Victoria, correct interpretation of “recklessness” for offences not resulting in death is foresight of the “possibility” of serious injury – Whether principle in Campbell should be followed.


11/12/2020 Hearing (SLA, Canberra)

24/12/2020 Notice of appeal

29/01/2021 Written submissions (Appellant)

29/01/2021 Chronology (Appellant)

26/02/2021 Written submissions (Acquitted Person)

19/03/2021 Reply

14/05/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

14/05/2021 Outline of oral argument (Appellant)

14/05/2021 Outline of oral argument (Acquitted Person)

01/09/2021 Judgment (Judgment summary)