Presumption of culpable mental state shifts burden to accused to prove absence of such state as defence. Presumption of culpable mental state applies where an offence requires such an element: the court presumes its existence but the accused may defend by ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of such state as defence.
Presumption of culpable mental state applies where an offence requires such an element: the court presumes its existence but the accused may defend by proving absence of that state; culpable mental state includes intention, motive, knowledge, and belief, and a fact is proved only when believed beyond reasonable doubt.
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