Presumption of culpable mental state shifts burden to accused to prove absence of requisite mental element as defense. Presumption that a defendant possessed a culpable mental state applies in prosecutions requiring such an element, but it is a defence for the accused to prove absence of that mental state; culpable mental state includes intention, motive, knowledge and belief, and a fact is proved only when the court believes it beyond reasonable doubt, not by 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.
Presumption of culpable mental state shifts burden to accused to prove absence of requisite mental element as defense.
Presumption that a defendant possessed a culpable mental state applies in prosecutions requiring such an element, but it is a defence for the accused to prove absence of that mental state; culpable mental state includes intention, motive, knowledge and belief, and a fact is proved only when the court believes it beyond reasonable doubt, not by a preponderance of probability.
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