Well, determining intent is difficult at the best of times, but it's hard to understand how you could determine the intent of something that you only noticed later.
I'm confused why you seem to so vehemently disagree with me but simultaneously will only speak in generalities.
Say for example I visit your house, and you notice many hours after I leave that a favorite ornament of yours is broken. How will you determine whether I broke it intentionally or not? If you watch me break it, you could make a reasonable judgement. If you only notice later, it's much harder. I don't understand what is controversial about this idea.
