In Australian law, and I'd imagine generally in many other countries, intent is a big part of judging a wrong. But of course, it's possible to cause harm without intending to, so there are other things to consider. Common phrases are 'reckless disregard', 'willfully ignorant', 'negligent' or sometimes 'lack of consideration' (which is different to intent).

Obviously it isn't a binary situation with either intent or impact being the sole arbiter - so the baseline used in almost all situations is the 'ordinary' or 'objective' standards. These can vary depending on the environment and context, and are simply defined because they are hard to define across all scenarios.

I guess I find it surprising that a code of conduct like this should sway between intent and impact in quite so binary a fashion -- human behaviour isn't software.