Presumption of culpable mental state shifts evidentiary posture but allows accused to rebut absence of mens rea. Where an offence under the Act requires a culpable mental state, the court shall presume its existence but the accused may defend by proving absence of ... Summary
Presumption of culpable mental state shifts evidentiary posture but allows accused to rebut absence of mens rea.
Where an offence under the Act requires a culpable mental state, the court shall presume its existence but the accused may defend by proving absence of that 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 beyond reasonable doubt rather than by a mere preponderance of probability.
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