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Australia
Leading Case
presumptioncategoriesmental elementimportation
He Kaw Teh v The Queen
[1985] HCA 43; (1985) 157 CLR 523
Key Principle
Where a statute creating a serious offence is silent as to mental element, there is a strong common-law presumption that mens rea (intention or at least recklessness/knowledge) is required, rebuttable only by clear contrary legislative intent.
Area of Law
Criminal Law, Procedure & Evidence
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