13Averment

13 Averment

(1) In any prosecution for an offence against subsection 6(2) or in any proceedings for the recovery of charge, a statement or averment of the prosecutor or plaintiff in the information, complaint, claim or declaration is prima facie evidence of the matter so stated or averred. (2) This section shall apply to any matter so averred although: (a) evidence in support or rebuttal of the matter averred or any other matter is given; or (b) the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only. (3) Any evidence given in support or rebuttal of a matter so averred shall be considered on its merits, and the credibility and probative value of such evidence shall be neither increased nor diminished by reason of this section. (4) This section shall not lessen or affect any onus of proof otherwise falling on the defendant.