Presumption of culpable mental state shifts burden to accused to prove absence of required mental element in offences. The court shall presume the existence of a culpable mental state in any prosecution requiring such a state, but it is a defence for the accused to prove ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of required mental element in offences.
The court shall presume the existence of a culpable mental state in any prosecution requiring such a state, but it is a defence for the accused to prove lack of that mental state. Culpable mental state includes intention, motive, knowledge, and belief or reason to believe, and a fact is proved only when believed beyond reasonable doubt.
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