R. v. Savoie, (1989) 97 N.B.R.(2d) 395 (PC)

• Judge: Arseneault, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: June 05, 1989
• Jurisdiction: New Brunswick
• Citations: (1989), 97 N.B.R.(2d) 395 (PC)

R. v. Savoie (1989), 97 N.B.R.(2d) 395 (PC);

    97 R.N.-B.(2e) 395; 245 A.P.R. 395

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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The Queen v. Marco Savoie

Indexed As: R. v. Savoie

New Brunswick Provincial Court

Arseneault, P.C.J.

June 5, 1989.

Summary:

The owner of a variety store was charged with keeping a gambling machine and knowingly permitting it to be used contrary to s. 202(1)(b) and 202(2)(a) of the Criminal Code.

The New Brunswick Provincial Court acquitted the accused on the ground that the device in question, namely, a "poker video machine", was not a gambling machine within the meaning of the Code.

Criminal Law - Topic 988

Gaming and betting - Betting, pooling or book-making - Gambling or betting device defined - A sign on a "poker video machine" in a variety store read "For Amusement Only" - The machine gave free games as prizes - No skill was required - There was no evidence of a player's chances of winning and no evidence that there was money given in exchange for accumulated credits - The New Brunswick Provincial Court held that the machine was not a gambling machine within the meaning of s. 202(1)(b) of the Criminal Code.

Criminal Law - Topic 988

Gaming and betting - Betting, pooling or book-making - Gambling or betting device defined - The New Brunswick Provincial Court held that a machine which is used solely for amusement, i.e., one which only gives free games, is not a gambling machine or device under the Code - The court held that the fact that one may win one or more free games does not, in itself, change the real purpose of the machine, that is, amusement - See paragraphs 40 to 41.

Criminal Law - Topic 993

Gaming and betting - Betting, pooling or book-making - Keeping gambling or betting devices - Elements - The New Brunswick Provincial Court held that on a charge under s. 202(1)(b) of the Criminal Code of keeping a machine or device for gambling, the Crown must, inter alia, prove (1) that any credit or free games accumulated by a player were exchanged for money, or as the case may be, (2) that reimbursement of credit for money is the real purpose of the machine, no matter what was actually done - In other words, the Crown must prove by expert testimony that the real purpose of the machine is gambling and not amusement - See paragraphs 36 to 37.

Cases Noticed:

R. v. Smith (J.C.) (1985), 66 N.B.R.(2d) 397; 169 A.P.R. 397; 26 C.C.C. (3d) 53, dist. [para. 14].

R. v. Greenberg (1942), 4 D.L.R. 305 (Ont. C.A.), consd. [para. 18].

R. v. Fredericton City Club (1964) Inc. (1979), 26 N.B.R.(2d) 30; 55 A.P.R. 30, consd. [para. 20].

R. v. Zippilli (1980), 54 C.C.C.(2d) 481 (Ont. C.A.), consd. [para. 21].

R. v. Wilkes (1930), 55 C.C.C. 1 (Ont. C.A.), refd to. [para. 22].

R. v. Irwin et al. (1982), 1 C.C.C.(3d) 212 (Ont. C.A.), consd. [para. 23].

R. v. Choquette, [1983] R.J.Q. 404, consd. [para. 25].

Re Les Amusements Michel Rivard Inc. et al. and The Queen (No. 2) (1986), 23 C.C.C.(3d) 80 (C.S.Q.), refd to. [para. 28].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 198(3) [para. 40]; sect. 202(1)(b) [paras. 1-2, 13, 36]; sect. 202(2)(a) [para. 1].

Counsel:

Unavailable.

This charge was heard before Arseneault, P.C.J., of the New Brunswick Provincial Court, whose decision was delivered on June 5, 1989.