Gaming Act 1845 - Section 17 - Cheating at Play

Cheating At Play

See also: Cheating (law)

This section created an offence. At the time of its repeal this section read:

. . . every person who shall, by any fraud or unlawful device or ill practice in playing at or with cards, dice, tables, or other game, or in bearing a part in the stakes, wages, or adventures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or exercise, win from any other person to himself, or any other or others, any sum of money or valuable thing, shall -
[(a)on conviction on indictment be liable to imprisonment for a term not exceeding two years; or
(b)on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both.]

The words of enactment at the start were repealed by the Statute Law Revision Act 1891.

The words in square brackets were substituted for the words "be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such person of the same, and, being convicted thereof, shall be punished accordingly" by sections 33(2) and 36(3) of, and Part III of Schedule 2 to, the Theft Act 1968.

Two hundred pounds

Section 32(2) of the Magistrates' Courts Act 1980 provided that the reference to two hundred pounds was to be construed as a reference to the prescribed sum.

The following cases are relevant:

  • R v Darley (1826) 1 Stark NP 359, (1826) 171 ER 497
  • Cooke v Stratford (1844) 13 M & W 379, (1844) 2 Dow & L 399, (1844) 4 LT (OS) 138a
  • R v Hudson (1860) Bell CC 263
  • R v O'Connor and Brown (1881) 45 LT 512, (1881) 46 JP 214, (1881) 15 Cox 3
  • R v Moore, 10 Cr App R 54, CCA
  • R v Lawler, 14 JP 561
  • R v Governor of Brixton Prison, ex parte Sjoland and Metzler 3 KB 568, 29 TLR 10, 77 JP 23
  • R v Leon KB 136, 30 Cr App R 120, 61 TLR 100, CCA
  • R v Butler, 38 Cr App R 57, CCA
  • R v Clucas and O'Rourke 1 WLR 244, 1 All ER 438, 43 Cr App R 98, 123 JP 203, CCA
  • R v Harris and Turner 2 QB 442, 2 WLR 851, 2 All ER 294, 47 Cr App R 125, CCA

In 2005, Kwong Lee, Martin Fitz and Shuhal Miah were found guilty of cheating at roulette under this section.

Read more about this topic:  Gaming Act 1845, Section 17

Famous quotes containing the words cheating at, cheating and/or play:

    How the mother is to be pitied who hath handsome daughters! Locks, bolts, bars, and lectures of morality are nothing to them: they break through them all. They have as much pleasure in cheating a father and mother, as in cheating at cards.
    John Gay (1685–1732)

    It’s perversion. Don’t you see what it is? It’s not natural. To go to great expense for something you want, that’s natural. To reach out to take it, that’s human, that’s natural. But to get your pleasure from not taking, from cheating yourself deliberately like my brother did today, from not getting, from not taking. Don’t you see what a black thing that is for a man to do? How it is to hate yourself?
    Abraham Polonsky (b. 1910)

    Although adults have a role to play in teaching social skills to children, it is often best that they play it unobtrusively. In particular, adults must guard against embarrassing unskilled children by correcting them too publicly and against labeling children as shy in ways that may lead the children to see themselves in just that way.
    Zick Rubin (20th century)