Flynn v Denieffe

• Jurisdiction: Ireland
• Judgment Date: 01 January 1990
• Date: 01 January 1990
• Docket Number: [1989 No. 530 S.S.]
• Court: High Court

(S.C.)

(H.C.)

Flynn

and

Denieffe

- Came promoted by newspaper to increase sales - Game of chance not dependent on skill - Cards distributed free of charge - Numbers on cards used to play game published in newspapers - Claim form published in newspaper - Participants not required to purchase newspaper - Whether purchase a contribution for participation in game -Whether absence of requirement to purchase newspaper saving game from constituting lottery - Whether purpose of game relevant in deciding whether game constituted a lottery - Gaming and Lotteries Act, 1956 (No. 2), ss. 2, 21.

Section 21, sub-ss. 1 and 2 of the Gaming and Lotteries Act, 1956, creates the offences of promoting or assisting in promoting a lottery and of, inter alia, publishing or distributing any ticket, counterfoil or coupon for use in a lottery or any document containing information relating to a lottery. "Lottery" is not defined in the Act, although s. 2 of the Act provides that the word "includes"competitions of a type therein specified. The defendants were charged with offences under s. 21 of the Act of 1956. The second defendant was a newspaper publisher and had distributed, free of charge to every postal address in the State, cards on which numbers had been printed. Using those numbers, the recipient of a card could play a boardgame, versions of which appeared in the second defendant's newspapers. A player whose numbers led him to land on a particular square could claim a prize by completing a claim form, also published in the second defendant's newspapers and which included a simple general knowledge question. A player was not required to purchase a newspaper in order to participate in the game. The District Justice concluded that the game was not a lottery, and at the request of the complainant, a case was stated seeking the opinion of the High Court as to whether he had been correct in so deciding. The High Court held that the game constituted a lottery in that it was a distribution of prizes by chance and without skill, in which the overwhelming majority of those interested in participating and claiming a prize would have made a payment or given consideration, by purchasing one of the second defendant's newspapers even though there was no requirement to do so —see [1989] I.R. 722. On appeal, the defendants no longer contended that the game involved an element of skill, but argued that it did not constitute a lottery in that it was not necessary for all the...