Presumption of culpable mental state shifts burden to accused to prove absence of intent in GST offences. The court shall presume existence of a culpable mental state in prosecutions requiring such an element, but it is a defence for the accused to prove ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of intent in GST offences.
The court shall presume existence of a culpable mental state in prosecutions requiring such an element, but it is a defence for the accused to prove absence of that mental state regarding the charged act; "culpable mental state" includes intention, motive, knowledge, and belief or reason to believe a fact, and a fact is proved only when the court believes it exists beyond reasonable doubt, not by a preponderance of probability.
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