DE · jury_instructions
Del. P.J.I. Crim. No. 4.29
Reckless or Negligent Causation Different Result than that Disregarded or Overlooked]
RECKLESS OR NEGLIGENT CAUSATION [DIFFERENT
RESULT THAN THAT DISREGARDED OR
OVERLOOKED]
An element of [charge] is that the defendant [recklessly/negligently] caused
[result]. The State must prove beyond a reasonable doubt that the defendant was
aware, or should have been aware, of the result.
The State has met its burden of proof when the actual result differed from
the probable result: only because a different [person/property] was injured or
affected; or only because the probable injury or harm would have been more
serious or more extensive than the actual injury or harm.
You must compare the actual result with the probable result. You must
decide: whether the actual result involved the same kind of injury or harm as the
probable result; whether the actual injury or harm was close in time to the
probable result; and whether the actual result was accidental. If you find a
sufficient relationship between the probable result and the actual result, you may
find that the State has met its burden of proof.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
51d1570a0938e3222702487c33ec7979b79ded97ed7fcaf649a06b20db564513
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