Presumption of culpable mental state permits a rebuttable presumption in prosecutions; accused may prove absence of required mental element. Section 135 creates a rebuttable presumption that the accused possessed the requisite culpable mental state in prosecutions under the Act, while allowing ... Summary
Presumption of culpable mental state permits a rebuttable presumption in prosecutions; accused may prove absence of required mental element.
Section 135 creates a rebuttable presumption that the accused possessed the requisite culpable mental state in prosecutions under the Act, while allowing the accused to prove absence of that state as a defence; the term covers intention, motive, knowledge, and belief or reason to believe a fact, and facts must be established to the court's satisfaction beyond reasonable doubt.
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