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Presumption of culpable mental state shifts evidential burden, allowing defence to prove absence of such state. The Act presumes a culpable mental state in prosecutions requiring it, subject to a defence by the accused to prove absence of that mental state; 'culpable mental state' includes intention, motive, knowledge, and belief or reason to believe a fact; a fact is proved only when the court believes it beyond reasonable doubt, not by preponderance of probability.
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 shifts evidential burden, allowing defence to prove absence of such state.
The Act presumes a culpable mental state in prosecutions requiring it, subject to a defence by the accused to prove absence of that mental state; "culpable mental state" includes intention, motive, knowledge, and belief or reason to believe a fact; a fact is proved only when the court believes it beyond reasonable doubt, not by preponderance of probability.
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