Culpable mental state presumption requires accused to prove absence of mens rea in criminal proceedings as a defence. The statute presumes the existence of a culpable mental state in prosecutions requiring such a state, while allowing the accused a defence of proving absence of that mental state; 'culpable mental state' includes intention, motive, knowledge, and belief or reason to believe a fact, and proof of a fact requires belief beyond reasonable doubt rather than a 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.
Culpable mental state presumption requires accused to prove absence of mens rea in criminal proceedings as a defence.
The statute presumes the existence of a culpable mental state in prosecutions requiring such a state, while allowing the accused a defence of proving absence of that mental state; "culpable mental state" includes intention, motive, knowledge, and belief or reason to believe a fact, and proof of a fact requires belief beyond reasonable doubt rather than a preponderance of probability.
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