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11. Offences
against public deceny and morals
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Article 86-Offences
of gambling
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| 86.1 |
Unlawful gambling |
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Unlawful gambling is when a man or woman, men and women and/or legal entity engage in activities involving gambling for money for which no proper permit is in existence for that activity by those men and women or for that location. |
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Primary Fact(s) |
| 1. A gambling event was found to have taken place at a specific location; and |
| 2. No lawful permit was in place for the gambling event; and |
| 3. That the accused has prior knowledge that the gambling event was not lawfully permitted; and |
| 4. That the actions of the accused contributed in some way to the gambling event. |
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Penalty Conditions (Level 1-Crime) |
Type |
Condition(s) |
1-3 |
a) as a patron of an unlawful gambling event at which the total seized value of gambled assets/cash is less than 1/6 annual average wage; |
4-6 |
a) as a patron of an unlawful gambling event at which the total seized value of gambled assets/cash is greater than 1/6 and less than 1/2 annual average wage; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) as a patron of an unlawful gambling event at which the total seized value of gambled assets/cash is greater than 1/2 and less than 2 times annual average wage;
b) as the property owner/organizer of an unlawful gambling event at which the total seized value of gambled assets/cash is less than 1/6 annual average wage; |
4-6 |
a) as a patron of an unlawful gambling event at which the total seized value of gambled assets/cash is greater than 2 times annual average wage;
b) as the property owner/organizer of an unlawful gambling event at which the total seized value of gambled assets/cash is greater than 1/6 and less than 1/2 annual average wage; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) as the property owner/organizer of an unlawful gambling event at which the total seized value of gambled assets/cash is greater than 1/2 and less than 2 times annual average wage; |
4-6 |
a) as the property owner/organizer of an unlawful gambling event at which the total seized value of gambled assets/cash is greater than 2 times annual average wage; |
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