Presumption of culpable mental state governs customs prosecutions, while the accused may rebut it by proving absence of such intent. Presumption of culpable mental state applies in prosecutions for offences under the Customs Act that require such mental state, and the court must presume its existence. The accused may defend by proving the absence of such mental state in relation to the charged act. Culpable mental state includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. A fact is proved only when the court believes it beyond reasonable doubt.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption of culpable mental state governs customs prosecutions, while the accused may rebut it by proving absence of such intent.
Presumption of culpable mental state applies in prosecutions for offences under the Customs Act that require such mental state, and the court must presume its existence. The accused may defend by proving the absence of such mental state in relation to the charged act. Culpable mental state includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. A fact is proved only when the court believes it beyond reasonable doubt.
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