Liberty Victoria has had the opportunity to consider the detailed submission of the Criminal Bar Association of Victoria (CBA), and we respectfully endorse it and its recommendations. In particular, we agree that
(1) The common law test for recklessness of probability, applied without issue in Victoria for the last 26 years, should not be changed;
(2) The current test is readily understood by juries, has not been shown to cause any issues following its long-standing application, and is accompanied by simple jury directions;