The element of intentional or knowing causation is not established if the actual result is outside the intention or the contemplation of the defendant unless:

(1) The actual result differs from that intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive than that caused; or

(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor’s liability or on the gravity of the offense.

11 Del. C. 1953, § ?262; 58 Del. Laws, c. 497, § ?1; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 11 Sec. 262

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.