House of Lords
| DOI | 10.1177/002201836502900405 |
| Published date | 01 October 1965 |
| Date | 01 October 1965 |
| Subject Matter | Article |
House of Lords
GAMES OF CHANCE: BINGO
Armstrong v. Director
of
Public Prosecutions
Bys. 28 (I) of the Betting and Gaming Act, 1960, 'game of
chance' includes a game of chance and skill combined and
apretended game of chance or of chance and skill combined,
but
does not include any athletic game or sport; 'gaming'
means the playing of a game of chance for winnings in money
or money's worth.
There
is no statutory definition of
the
playing of a game and this gap in the law,
if
it is a gap, was
the chief point in this appeal (1965, 3W.L.R. 344; Lords
Dilhorne, Hodson, Guest, Donovan and Pearson).
The
unsuccessful appellant was
the
proprietor of a postal
bingo club which occupied premises from which its activities
were conducted. An applicant for membership of the club
completed a form (which was readily obtainable) and sent it,
together with amembership fee of
2S.
6d., to the club and was
then accepted to membership, being given a form containing
his membership number and allotted 15 different numbers
between one and 90. Members could have their numbers
changed and they could obtain further forms incorporating
different numbers without further charge. Members entered
cards for each week's draw sending a fee for each card.
The
appellants caused the results of the weekly winning numbers
(which were drawn for on the club premises) to be com-
municated to Radio Luxembourg which once a week
put
out
aprogramme of items of music chosen by members and a
game of bingo based on the draw which had taken place in
the
club premises, as though it was taking place at the time of the
broadcast, the sequence of numbers,
but
not the names of the
winners being announced.
The
winning numbers were also
published in a periodical in England.
The
appellant was charged with using
the
club premises
for purposes connected with a lottery, with publishing an
advertisement of a lottery, and with having in his possession
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