Presumption of culpable mental state: court presumes mens rea, accused may rebut by proving absence.

Where a culpable mental state is an element of an offence, the court shall presume its existence, but the accused may defend by proving absence of that mental state. Culpable mental state includes intention, motive, knowledge, and belief or reason to believe. A fact is treated as proved only when the court believes it exists beyond reasonable doubt.

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