R v Fiori and Others [1911] ZATPD 36 (3 April 1911)

Gambling and Wagering - Gambling House - Intention of Playing - Law 6 of 1889 - Charge - Statutory Offence - Averment of Penalty Section

Persons found in a Gambling House are presumed, by Law 6 of 1889, sec.5, to be there with the object of playing, and are liable to the penalty provided by sec.8, unless they rebut the presumption.

When one section of a Statute creates an offence and another the penalty for such offence, in a chargesheet averring such offence, it is unnecessary to refer to the latter section.