Victoria court to interpret 'recklessness'

Victoria's top prosecutor wants the Court of Appeal to decide what the correct interpretation of "recklessness" is for offences other than murder.

The offence of "recklessly causing serious injury" should be looked at in particular, Director of Public Prosecutions Kerry Judd QC has submitted.

"The correct interpretation of the offence of recklessly causing serious injury is that an accused person had foresight of the possibility of serious injury, rather than the probability of serious injury," the DPP will submit to the court.

The current interpretation of recklessness in Victoria requires foresight, by the accused, of the probable consequence of their actions.

The director is able to refer a point of law to the Court of Appeal in accordance with the Criminal Procedure Act 2009.