Recent Judicial Decisions
| DOI | 10.1177/0032258X6804100510 |
| Published date | 01 May 1968 |
| Date | 01 May 1968 |
| Author | J. C. Wood |
| Subject Matter | Article |
Professor
J.
C.
WOOD,
LL.M.
The University of Sheffield
Legal Correspondent of THE POLICE JOURNAL
GAMBLING IN
mE
HOUSE OF LORDS - LIT-UP
ONE ARMED BANDIT
Cronin v. Grierson [1968] 1 All E.R. 593 House of Lords
A one armed bandit presented a winner with four further plays
at more favourable odds during which time it was
"lit
up".
The prosecutor had contended that the
"lit-up"
period con-
travened both the Betting, Gaming and Lotteries Act, 1963,
s. 49(3)(a), and s. 2(3) of the Betting, Gaming and Lotteries Act,
1965. These provisions prohibit offering a winner:
(a) any further opportunity to win money or money's worth by taking
part
in any amusement with prizes;
(b) any benefit other
than
amoney prize, a prize
other
than money
and one or more tokens.
The prosecutor was pursuing his appeal to the House of Lords.
The first point was not strongly pressed and the House of Lords
took the view that the opportunity to play and win was always
there and was not really affected by a win.
On the other hand the House of Lords felt that the winner
got something more than the maximum to which he was per-
mitted by the Acts. The provisions cover
"any
benefit" other
than those specified and the favourable terms were a benefit.
The appeal was allowed on this ground.
NoteReaders will recall
that
the Divisional
Court
([1967] 3 All E.R. 153,
noted in this Journal, October, 1967, p, 48) felt
that
offering better odds
was too intangible
and
so did
not
transgress the provisions of the
statutes. The House of Lords was not willing to limit this
term"
any
benefit"
to tangible advantages.
The
divergence between the appeal courts can only serve to under-
line the difficulties of statutory interpretation.
It
must be noted
that
the first ground for the Divisional Court's decision was
not
upset -
there was
not
held to be a further offering of an opportunity to win
money, as a result
of
being a winner.
GAMBUNG IN
mE
HOUSE OF LORDS - FREE BINGO
McCollom v. Wrighton [1968] 1 All E.R. 514 House of Lords
The defendant was holder of an on licence at premises known
May
1968 215
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