Presumption of culpable mental state places on accused the defence to prove absence of intent beyond reasonable doubt.

Clause 490 creates a rebuttable presumption that a required culpable mental state exists in prosecutions under the Act, while permitting the accused to raise a defence proving absence of that state; it defines culpable mental state to include intention, motive, knowledge, belief, or reason to believe a fact, and requires facts to be proved beyond reasonable doubt rather than by preponderance of probability.

---

---

---