Gordon v Dunlevy

• Jurisdiction: Ireland
• Judgment Date: 15 July 1928
• Date: 15 July 1928
• Court: High Court (Irish Free State)

H. C.,

Gordon

and

Dunlevy

Automatic machines - Game of skill - Chances not alike favourable to all players - Test for legality of game - Whether skill predominating element -Gaming Act, 1845 (8 9 Vict., c. 109), s. 2 -Gaming Houses Act, 1854 (17 18. Vict., c. 38), s. 4.

Defendant kept for use by the public on his premises a number of machines, known by the name of "Diddler." Anyone wishing to use one of these machines purchased from the defendant discs at the price of 7 for 6d. He inserted one disc in a slot and pulled a handle which caused three rollers to revolve. On each roller was printed a number of devices, such as cherries, roses, etc. If certain combinations of these devices stopped opposite a pointer on the face of the machine, the player won a certain number of discs. With these he could purchase on the premises certain goods. The winning combinations and the odds for each were printed on the front of the machine in view of the player. If none of these combinations stopped opposite the pointer, the player lost his disc. The machine was fitted with a control by which the player could stop the rollers, one at a time, and so endeavour to obtain a winning combination. There were 15 machines on the premises. Defendant was prosecuted under s. 4 of the Gaming Houses Act, 1854, that he, being the occupier of the premises, did use them for the purpose of unlawful gaming. The Justice found that the game played on the "Diddler"machine was, in its predominant character, a game of chance; that skill entered into the game to a substantial extent; that the chances were unequal and in the defendant's favour as regards the majority of the persons likely to engage in the game, viz., persons not specially skilled in the operation of the machine; that the chances would be unequal and in the defendant's favour in the case of...