Criminal Law Code as at 1st March 2007 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⎯ (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 realised4 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. (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; 4 as amended by s. 31 of Act 9/2006 ["foreseen" deleted and "realised" substituted]. - 22 -