Presumption of culpable mental state shifts burden to accused to prove absence of such mental state beyond reasonable doubt. Section 135 creates a rebuttable presumption that a requisite culpable mental state (including intention, motive, knowledge, or belief or reason to ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of such mental state beyond reasonable doubt.
Section 135 creates a rebuttable presumption that a requisite culpable mental state (including intention, motive, knowledge, or belief or reason to believe a fact) exists in prosecutions under the Act, while permitting the accused to establish as a defence that such mental state was absent; it specifies that a fact is proved only when believed by the court beyond reasonable doubt.
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