Victorian prosecutors have failed to make it easier to convict people of serious violence offences.
Director of Public Prosecutions Kerri Judd QC argued the threshold for the crime of recklessly causing serious injury should be lowered.
Under current laws, prosecutors must prove an accused knew their actions would probably cause serious injury.
Ms Judd said the offence should also catch people who knew there was a possibility their actions would cause serious harm.
On Thursday, the Court of Appeal knocked back the bid, ruling it was something Victoria's parliament would need to consider.
The DPP tried to lower the standard of proof required for recklessly causing serious injury after a man was acquitted of the offence following a fight in Melbourne in February 2017.
He kicked another man in the head but claimed he acted in self-defence. The victim suffered serious skull and brain injuries.
The state government said it would consider the court's decision and consult with the DPP.
Australian Associated Press