Intoxicating Liquor Act, 1988

Proof of age in prosecution.

39.—(1) Where in any prosecution under section 31 , 32 , 33 , 35 , 36 , 37 or 38 of this Act, it is alleged that the person by whom, or in respect of whom, the offence was committed was a person under the age of 18 years, and such person appears to the Court to have been, at the date of the commission of the offence, a person under that age, that person shall, for the purposes of this Part, be presumed to have been under the age of 18 years at that date, unless the contrary is proved.

(2) Where in a prosecution for an offence under section 34 of this Act, it is alleged that the person in respect of whom the offence was committed was a child, and such person appears to the Court to have been a child at the date of the commission of the offence, that person shall, for the purposes of this Part, be presumed to have been a child at that date, unless the contrary is proved.