Delaware Pattern Jury Instructions – Criminal
CHAPTER V. DEFENSES
C. Non-Statutory Defenses
§ 5.62 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.
[230627]