Co-Defendants Facing Sentencing Under ‘Non-Existent’ Charge Under Gambling Act

By Alric Lindsay

A sentencing hearing for two individuals caught in an alleged illegal lottery operation ground to a halt today, October 12, 2026, after Magistrate McFarlane highlighted that the specific crime a defendant pleaded guilty to does not actually exist under the Gambling Act.

Co-defendants Derron Mark Andrew Latham and Alicia Camelia Harrison appeared in the Summary Court expecting to progress toward sentencing. They face multiple charges, including unlawful gaming and possession of an instrument for the selling of illegal lottery tickets. The other charge was listed as “possession of criminal property.”

Magistrate McFarlane pointed out a glaring statutory discrepancy, notifying Crown Counsel for the Office of the Director of Public Prosecutions that no such offence of possession of criminal property exists anywhere within the framework of the Gambling Act.

Defense attorney Clyde Allen, representing Latham, agreed with the court’s finding, noting that the charge had been “worded strangely” from its inception. Attorney Oliver Grimwood, representing Harrison, highlighted the bizarre legal paradox now facing the court: an active guilty plea on record for a charge that is legally non-existent under the Gambling Act.

Magistrate McFarlane stated that DPP Crown Counsel was expected to provide clear sentencing submissions, emphasizing that the court must fully understand exactly what valid sentencing guidelines can be legally applied in this scenario.

The matter has been adjourned to December 2, 2026, to give the legal teams time to untangle the procedural knot. The Crown was granted a strict 48-hour window to confirm the availability of the December date and address the flawed charges.