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The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The opponent argues that the remedy is categorically unavailable.
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.