Presumption of culpable mental state shifts evidentiary posture, allowing accused to rebut while facts require proof beyond reasonable doubt. The amendment creates a rebuttable statutory presumption that a required culpable mental state (including intention, motive, knowledge or belief) exists ... Summary
Presumption of culpable mental state shifts evidentiary posture, allowing accused to rebut while facts require proof beyond reasonable doubt.
The amendment creates a rebuttable statutory presumption that a required culpable mental state (including intention, motive, knowledge or belief) exists in prosecutions under the Act, while allowing the accused to establish that he lacked such a state as a defence; it further provides that a fact is proved only when believed to exist beyond reasonable doubt, not by mere preponderance of probability.
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