Presumption of culpable mental state requires accused prove lack of mens rea; mens rea must be shown beyond reasonable doubt. Where an offence under the Act requires a culpable mental state, the court shall presume its existence in prosecution, but the accused may defend by ... Summary
Presumption of culpable mental state requires accused prove lack of mens rea; mens rea must be shown beyond reasonable doubt.
Where an offence under the Act requires a culpable mental state, the court shall presume its existence in prosecution, but the accused may defend by proving absence of that mental state concerning the charged act; the statute defines culpable mental state to include intention, motive, knowledge, and belief or reason to believe, and states that a fact is proved only when believed to exist beyond reasonable doubt.
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