Section 169C of the POEO Act is an evidentiary provision only: evidence of an employee's state of mind is 'some evidence' of the corporation's state of mind but does not conclusively attribute that state of mind to the corporation, and can be rebutted by evidence from directors. The De Simoni principle is engaged only where the uncharged offence carries a higher maximum penalty or standard non-parole period than the charged offence; moral culpability is not an alternative measure. An offender's state of mind, including actual intention, is relevant to sentencing for strict liability offences under s 169 and does not offend De Simoni or any analogous principle where the charged and uncharged offences carry the same maximum penalty.
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