(iii) his or her assuming control, by contract or otherwise, over a situation, whether brought about by him or her or not, in which another person’s life, safety or legal interest was or might be endangered; or (iv) his or her holding a public or like office. 11 Causation (1) A person shall not be held criminally liable for a consequence unless the person’s conduct caused or substantially contributed to its occurrence. (2) A person’s conduct shall be deemed to have caused or substantially contributed to a consequence for the purposes of subsection (1) if the conduct (a) is the factual cause of the consequence, that is, but for the conduct the consequence would not have occurred; and (b) is the legal cause of the consequence, that is, the consequence (i) was a reasonably foreseeable consequence of his or her conduct; or (ii) was brought about by a new cause supervening after his or her conduct, which cause was itself a reasonably foreseeable consequence of his or her conduct. PART III S TATES OF MIND 12 Meaning of subjective state of mind For the purposes of this Part, a subjective test for a state of mind is a test whereby a court decides whether or not the person concerned actually possessed that state of mind at the relevant time, taking into account all relevant factors that may have influenced that person’s state of mind. 13 Intention (1) Where intention is an element of any crime, the test is subjective and is whether or not the person whose conduct is in issue intended to engage in the conduct or produce the consequence he or she did. (2) Except as may be expressly provided in this Code or in the enactment concerned, the motive or underlying reason for a person’s doing or omitting to do any thing, or forming any intention, is immaterial to that person’s criminal liability in terms of this Code or any other enactment. 14 Knowledge Where knowledge is an element of any crime, the test is subjective and is whether or not the person whose conduct is in issue had knowledge of the relevant fact or circumstance. 15 Realisation of real risk or possibility (1) Where realisation of a real risk or possibility is an element of any crime, the test is subjective and consists of the following two components (a) a component of awareness, that is, whether or not the person whose conduct is in issue realised that there was a risk or possibility, other than a remote risk or possibility, that (i) his or her conduct might give rise to the relevant consequence; or (ii) the relevant fact or circumstance existed when he or she engaged in the conduct; and (b) a component of recklessness, that is, whether, despite realising the risk or possibility referred to in paragraph (a), the person whose conduct is in issue continued to engage in that conduct. (2) If a crime of which the realisation of a real risk or possibility is an element is so defined in this Code or any other enactment that (a) the words describing the component of awareness are omitted, the component of awareness shall be implicit in the word “recklessly” or any derivatives of that word; or (b) the words describing the component of recklessness are omitted, the component of recklessness shall be implicit in the expression “realise a real risk or possibility” or any derivatives of that expression. (3) Where, in a prosecution of a crime of which the realisation of a real risk or possibility is an element, the component of awareness is proved, the component of recklessness shall be inferred from the fact that (a) the relevant consequence actually ensued from the conduct of the accused; or (b) the relevant fact or circumstance actually existed when the accused engaged in the conduct; as the case may be. (4) For the avoidance of doubt it is declared that the test for realisation of a real risk or possibility supersedes the common-law test for constructive or legal intention and its components of foresight of a possibility and recklessness wherever that test was formerly applicable. 16 Negligence (1) Where negligence is an element of any crime