The focus of this test is the nature of the defendant's conduct rather than his mental state and it became the subject of major criticism. For example, how was the direction to apply to the defendant who had considered the risk and only continued to act after deciding (wrongly as it would later appear) that no risk existed? See "Chief Constable of Avon and Somerset v Shimmen" 84 Cr App R 7, Crim LR 800, DC and "R v Merrick" [1996 1 Cr App R 130, CA.