Presumption of culpable mental state: court presumes mens rea but accused may rebut by proving its absence beyond reasonable doubt. Where an offence under the Act requires a culpable mental state, the court shall presume its existence, subject to the accused's defence of proving absence of that mental state regarding the charged act. Culpable mental state includes intention, motive, knowledge, and belief or reason to believe a fact. Proof of a fact requires the court's belief beyond reasonable doubt rather than a preponderance of probability.
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Provisions expressly mentioned in the judgment/order text.
Presumption of culpable mental state: court presumes mens rea but accused may rebut by proving its absence beyond reasonable doubt.
Where an offence under the Act requires a culpable mental state, the court shall presume its existence, subject to the accused's defence of proving absence of that mental state regarding the charged act. Culpable mental state includes intention, motive, knowledge, and belief or reason to believe a fact. Proof of a fact requires the court's belief beyond reasonable doubt rather than a preponderance of probability.
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