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DE · jury_instructions

Del. P.J.I. Crim. No. 5.62

Accident

activein force · 2022-03-14 – presentcompiled-edition

ACCIDENT

The defendant has raised the defense of accident to [charge]. The State

must prove that the defendant had the state of mind required by the statute

defining the offense. If the defendant’s conduct [describe] was an accident, then

the defendant did not have the required mental state to commit the crime.

An accident is a sudden and unexpected event that occurs without the

defendant’s intent. That is, an accident is an event that the defendant did not

foresee or plan. An accident is an event that occurs as the result of carelessness,

lack of awareness, or ignorance, and the event produces an unfortunate result.

If the evidence of an accident raises a reasonable doubt about the

defendant's guilt, you must give the defendant the benefit of that doubt and find

the defendant not guilty.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
crim-2022-03-14
Content hash
f6dca0b2d88db61cdaf64e0a0ea8c8bb6617f17f987f2ad24e920df0602f9bff
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Del. P.J.I. Crim. No. 5.62 — Accident · binding.law