This article will define provisions for cheating in gambling under the Crimes Act 1900. Gambling: a thrilling mix of chance and strategy, where fortunes can be won (or lost) in the blink of an eye. But what happens when Lady Luck is nudged a little too hard? Cheating in gambling is a constant game of cat and mouse, with cunning players devising elaborate schemes to outsmart the system.
Read on to learn more about cheating in gambling.
Examples of Cheating in Gambling
Casinos and gambling establishments have tight security, but that doesn’t stop some people from trying to cheat. Here are some common examples of cheating in gambling where players may try to tilt the odds in their favour:
Card Games
- Marked Cards: Cheaters might use tiny marks or imperfections on cards to identify their value during play.
- Card Marking and Collusion: One person might mark cards, and another player at the table would use a secret signal to understand the markings.
- False Shuffles and Cuts: A skilled cheat might try to convince the dealer they’re shuffling the deck fairly, while secretly keeping certain cards in a desired order.
- Card Control Techniques: Techniques like palming (hiding a card) or using a “holdout” device to remove a card can give players an advantage.
Other Games
- Past Posting: Placing a smaller denomination chip on a winning bet, then replacing it with a higher value chip after the outcome is known.
- Dice Control: Using techniques to manipulate the way dice roll, like throwing them a certain way to favour specific numbers.
- Roulette Wheel Bias: Observing a roulette wheel and exploiting imperfections to predict where the ball might land.
- Slot Machine Tampering: While uncommon due to security measures, some might try using devices to manipulate slot machines.
Tech-aided Cheating
- Signal Jamming: In rare cases, cheaters might attempt to disrupt the communication between cards or dice and the casino’s system.
- Miniature Cameras: Tiny cameras hidden on players or clothes can be used to see a dealer’s hole card (a card they haven’t revealed yet).
Section 193N: Engage in Conduct That Corrupts Betting Outcome of Event
Have you ever wondered what happens if you try to influence the outcome of a sporting event or game to win a bet? Section 193N of cheating in gambling specifically targets those who engage in conduct that corrupts the betting outcome of an event. Here’s a breakdown of what this section means:
- Engaging in any behaviour that unfairly affects the result of an event, with the knowledge or suspicion that it will influence betting on that event.
- The key element here is the intention. The action must be done to gain a financial advantage through betting or cause someone else a financial loss.
- The maximum penalty for this offence is serious – imprisonment for up to 10 years.
Section 193O: Facilitate Conduct That Corrupts Betting Outcome of Event
Imagine you know someone with inside information about a sporting event that could influence the outcome. Section 193O of cheating in gambling steps to prevent you from using that knowledge for unfair betting gains.
This section focuses on those who facilitate, or help someone else, engage in conduct that unfairly affects the result of an event, with the knowledge or suspicion that it will influence betting. How can one facilitate? There are three ways:
- Offering: You directly propose to someone a scheme to manipulate the outcome of an event for betting purposes.
- Encouraging: You try to convince someone else to cheat in a way that affects the outcome of an event to benefit your bets.
- Making a Deal: You agree with someone about how they will manipulate an event, to profit from betting on it.
Like Section 193N, your goal must be financial gain through betting or causing someone else a financial loss. Just as serious, this offence carries a maximum penalty of imprisonment for up to 10 years.
Section 193P: Concealing Conduct or Agreement About Conduct That Corrupts Betting Outcome of Event
Section 193P of the Crimes Act 1900 (NSW) discourages you from keeping quiet about it to gain an unfair betting advantage. This section targets those who encourage someone to conceal cheating, or an agreement to cheat, that affects the result of an event, with the knowledge or suspicion that it will influence betting.
The person a cheater may try to influence could be:
- Police officers; or
- Someone who officially controls, regulates, or supervises the event or the betting on the event.
Once again, the cheater’s intention is key. The cheater must try to gain a financial advantage through betting or cause someone else a financial loss. This offence carries a hefty maximum penalty of imprisonment for up to 10 years.
Section 193Q: Use of Corrupt Conduct Information or Inside Information for Betting Purposes
Betting on sporting events or games should be a test of luck and skill, not secret information. Section 193Q of cheating in gambling tackles the issue of using unfair advantages gained through “inside information” or “corrupt conduct information.” This section focuses on using non-public information to gain an unfair advantage in betting. There are two key types of information:
- Corrupt Conduct Information: This is knowledge about planned actions that would unfairly affect the outcome of an event, like purposefully throwing a game.
- Inside Information: This is non-public information that, if known generally, would significantly influence betting decisions. For example, learning a key player is unexpectedly injured before a match.
It’s an offence if you have this information and:
- Place a bet yourself: Using insider knowledge to inform your own bets.
- Tip someone off: Encouraging someone else to bet a certain way based on your inside information.
- Share the information: Disclosing the inside information to someone you know, or suspect would likely use it for betting.
Severity of Penalties
- Corrupt Conduct Information: Carries a maximum penalty of imprisonment for up to 10 years.
- Inside Information: Carries a lesser maximum penalty of imprisonment for up to 2 years.
You don’t have to prove the person you tipped off actually placed a bet, just that they likely would base on the information. In court, if they can’t convict you of using corrupt conduct information, they might find you guilty of using inside information instead. Moreover, sharing the information, even indirectly, can be considered an offence.
Don’t Let Gambling Cheaters Ruin Your Fun
Facing gambling cheating charges? A criminal lawyer can be your saving grace. JB Solicitors can help you understand charges, build a defence, negotiate, and represent you in court. Our criminal lawyers can also protect your rights, gather evidence for your case, and consider mitigating factors to minimise penalties.
Remember, you can count on our legal team to navigate this complex situation. Contact us today if you need more legal help about cheating in gambling.