Presumption of culpable mental state shifts burden to accused to prove absence of intent or knowledge beyond doubt.

The court will presume the existence of a culpable mental state (including intention, motive, knowledge, or belief) in prosecutions where such state is an element of the offence, but it is a defence for the accused to prove absence of that mental state. A fact is proved only when believed by the court beyond reasonable doubt, not by mere preponderance of probability.

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