(a) constituted by the performance of an act, the test is objective and consists of the inquiry whether the accused person’s performance of that act was blameworthy in that (i) a reasonable person in the same circumstances as the accused would not have performed that act; or (ii) the accused failed to perform the act with the care and skill with which a reasonable person in the same circumstances would have performed that act; whichever inquiry is appropriate to the crime in question; or (b) constituted by the omission to perform an act, the test is objective and consists of the inquiry whether the accused person’s omission to perform that act was blameworthy in that a reasonable person in the same circumstances would not have omitted to perform the act; or (c) constituted wholly or partly by a consequence resulting from the conduct of an accused person, or by the existence or absence of any circumstance in which such conduct occurred, the test is objective and falls into two parts (i) whether or not the accused person failed to realise that his or her conduct might produce the relevant consequence or that the relevant circumstance might exist or be absent; and (ii) if the accused person did fail as provided in subparagraph (i), whether or not the person’s failure was blameworthy in that a reasonable person in the same circumstances A. would have realised that the relevant consequence might be produced and would have guarded against it; or B. would have realised that the relevant fact or circumstance might exist or be absent and would have taken steps to ascertain whether or not it did exist; as the case may be. [Paragraph amended by section 31 of Act 9 of 2006.] (2) For the avoidance of doubt it is declared that paragraph (c) of subsection (1) shall apply to the determination of the criminal liability of any person accused of culpable homicide, negligently causing serious bodily harm or negligently causing serious damage to property. 17 References or absence of references to states of mind in statutory crimes (1) In this section “mental element”, in relation to a crime, means any intention, knowledge, realisation of a real risk or possibility, or negligence with which that crime is committed; “strict liability crime” means a crime for the commission of which no mental element is required to be proved in order to establish liability for that crime. (2) Where in any enactment creating a crime (a) the word “corruptly”, “deliberately”, “dishonestly”, “fraudulently”, “indecently”, “intend”, “intentionally”, “maliciously”, “mischievously”, “purposely”, “wantonly” or “wilfully”, or phrase “with intent to” or “for the purpose of” or any related or derivative expression is used with respect to the commission by any person of the crime, section thirteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing that crime; (b) the word “knowing”, “knowingly” or any related or derivative expression is used with respect to the commission by any person of the crime, section fourteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing it; (c) the word “recklessly” or any related or derivative expression is used with respect to the commission by any person of the crime, section fifteen shall apply to the determination of the state of mind of the person accused of committing it; (d) the word “negligently”, “carelessly”, “unskilfully” or any related or derivative expression is used with respect to the commission by any person of the crime, section sixteen shall apply to the determination of the state of mind of the person accused of committing it. (3) The test for realisation of a real risk or possibility contained in section fifteen shall only apply to a crime referred to in paragraph (a) or (b) of subsection (2) (a) if proof of intention as required by section thirteen or proof of knowledge as required by section fourteen is absent; and (b) if the crime is of a kind described in paragraph (a) or (b) of subsection (4). (4) The kinds of crime to which the test for realisation of a real risk or possibility contained in section fifteen can be applied are the following (a) a crime that is constituted not only by the conduct of the person accused of committing it but also by a consequence or potential consequence resulting from the conduct, in which event the test is applicable