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The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for criminal offense elements and punishment, apply it to the material facts, and explain the likely remedy or consequence.