Presumption of culpable mental state shifts burden to accused to prove absence, with facts proved beyond reasonable doubt. The amendment creates a rebuttable statutory presumption of culpable mental state in prosecutions under the Act, defining culpable mental state to include ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence, with facts proved beyond reasonable doubt.
The amendment creates a rebuttable statutory presumption of culpable mental state in prosecutions under the Act, defining culpable mental state to include intention, motive, knowledge, belief or reason to believe; it makes it a defence for the accused to prove absence of such state. The section further provides that a fact is proved under it only when the court believes it exists beyond reasonable doubt, not merely on a preponderance of probability.
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