Assume you are in a jurisdiction that follows the common law rule we have studied regarding attempts. Dave is charged with attempted murder of Vera, his ex-girlfriend. Evidence shows that Dave shot Vera at close range while they were arguing. At trial, Dave admits to pointing the gun at Vera and pulling the trigger, but he testifies that he believed the gun he was brandishing at Vera was unloaded and that no bullet would discharge when he fired it. Assume the jury believes D about this fact.

On the charge of attempted murder, which statement best reflects the legal significance that Dave believed that the gun was unloaded? Dave's mistaken belief would result in:

A. Conviction (i.e. he would be guilty) because he acted with a conscious disregard of a substantial and unjustifiable risk to human life by failing to check the gun to see if it was loaded. B. Conviction (i.e. he would be guilty) because although Dave's mistake of fact was honest, it was not reasonable. C. Acquittal (i.e. he would not be guilty) because Dave did not act with a conscious disregard of a substantial and unjustifiable risk because he did not know the gun was loaded. D. Acquittal (i.e. he would not be guilty) because the mens rea for attempted murder cannot be established due to Dave's honest mistaken belief.