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Establishment of standard tests for certain questions relating to criminal liability

Cap. 101, s. 5 · Revised Edition 2020

(1) A court or jury in determining whether a person has committed an offence which employs one of the words specified in sections 6, 7 and 8 of this Act shall use the standard tests under sections 6, 7 and 8 of this Act for which that key word is appropriate when answering any question relating to him specified in subsection (2) of this section, unless the provision creating the offence decides that the test is not to be used. (2) The questions mentioned in subsection (1) of this section are– (a) the question of intention; (b) the question of knowledge; (c) the question of recklessness as to result; and (d) the of as to circumstances. (3) In relation to any person“the question of intention” means the question whether he intended a particular result of his conduct; “the question of knowledge” means the question whether he knew of any relevant circumstances; “the question of recklessness as to result” means the question whether he was reckless as to whether his conduct would have any particular result; and “the question of recklessness as to circumstances” means the question whether he was reckless as to whether any relevant circumstances existed. 24 (4) The standard tests for the questions specified in subsection (2) of this section are respectively specified in sections 6, 7, 8 (1) and 8 (2) of this Act. The Standard Tests and the Keywords
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