The actual penalties imposed for hosting or participating in illegal poker vary widely, and appear to depend greatly on the sensibilities of the presiding judge(s). For example, in 2011 a Winnipeg man (on appeal) won a conditional discharge despite having pleaded guilty to the more serious charge of keeping a common gaming house, meaning he did not get a criminal record. For the less serious charge of being in a common gaming house, discharges (including absolute discharges) are not uncommon, especially if the accused has no prior criminal record. But this is not always the case, for example in 2012 several Sudbury men were fined for the less serious charge of being in a common gaming house, meaning they did get criminal records. Among those fined in that case was at least one man whom the presiding judge acknowledged had not even been playing. Therefore, anyone charged even with the less serious offence of being in a common gaming house with respect to a poker game would be well advised to seek counsel prior to entering a plea on the charge.