§ 23 — Owning, etc., place used for unlawful gambling

23.—(1) A person commits an offence if —(a)

the person is an owner or an occupier of a place or premises; and

(b)

the person uses, or allows the place or premises to be used, as an unlawful gambling place.

(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —(a)

had no knowledge and could not with reasonable diligence have ascertained that the place or premises (or any part thereof) is to be used as an unlawful gambling place; and

(b)

as soon as practicable after becoming aware that the place or premises (or any part thereof) is or is to be used as an unlawful gambling place, took all reasonable steps to stop that use.

(3) A person who is guilty of an offence under subsection (1) —(a)

shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but

(b)

where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years.

(4) An offence under this section is an arrestable offence.

(5) Strict liability applies to an offence under subsection (1).

—(1) A person commits an offence if —(a)

the person is an owner or an occupier of a place or premises; and

(b)

the person uses, or allows the place or premises to be used, as an unlawful gambling place.

(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —(a)

had no knowledge and could not with reasonable diligence have ascertained that the place or premises (or any part thereof) is to be used as an unlawful gambling place; and

(b)

as soon as practicable after becoming aware that the place or premises (or any part thereof) is or is to be used as an unlawful gambling place, took all reasonable steps to stop that use.

(3) A person who is guilty of an offence under subsection (1) —(a)

shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but

(b)

where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years.

(4) An offence under this section is an arrestable offence.

(5) Strict liability applies to an offence under subsection (1).