Criminal Law Code as at 1st March 2007 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 - 21 -