§ 26 — Offence of being in unlawful gambling place

26.—(1) An individual who is found in, or who enters or leaves, an unlawful gambling place commits an offence.(2) However, an individual is not guilty of an offence under this section if the individual proves, on a balance of probabilities, that —(a)

he or she did not know and had no reasonable cause to suspect, that the place or premises was an unlawful gambling place and as soon as practicable after becoming aware that the place or premises was an unlawful gambling place, took all reasonable steps to leave the place or premises; or

(b)

he or she was in, or was entering, the unlawful gambling place for a lawful purpose or with other reasonable excuse.

(3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

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

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

—(1) An individual who is found in, or who enters or leaves, an unlawful gambling place commits an offence.

(2) However, an individual is not guilty of an offence under this section if the individual proves, on a balance of probabilities, that —(a)

he or she did not know and had no reasonable cause to suspect, that the place or premises was an unlawful gambling place and as soon as practicable after becoming aware that the place or premises was an unlawful gambling place, took all reasonable steps to leave the place or premises; or

(b)

he or she was in, or was entering, the unlawful gambling place for a lawful purpose or with other reasonable excuse.

(3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

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

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