GAME OF SKILL

Evening Post, Volume CXXIII, Issue 130, 3 June 1937, Page 11

GAME OF SKILL

FOOTBALL CONTEST

A CASE DISMISSED

MAGISTRATE'S DECISION

Holding that in order to show that a prize competition is a lottery it must be established that the result depends 'entirely, on chance, and that a considerable element of skill would be required in selecting the winning teams in ,the competition which was the subject of the\charge, Mr. E. D. Mosley, S.M., in a reserved judgment delivered in the Magistrate's Court today, dismissed the charge against Stewart John' France.

The defendant was charged, under section 63 (5) of the Gaming Act, 1908, with on or about April 14, 1937, causing to be sent to divers persons in the city of Wellington circulars'inviting such persons to make bets on the results vof senior, A first and second division and senkir B Rugby football matches played at Wellington oh April 17, 1937. ' ' J ■

Mr. W. E. Leicester appeared for the defendant, and Detective-Sergeant 'P. Doyle conducted the prosecution.

The facts, admitted by counsel for the defence, were that in March the defendant thought out a scheme for a football contest. He drafted a form, and submitted it' to a firm of solicitors to ascertain if it would be legal for him to. start the. competition. He was advised that he would not be committing an offence, and accordingly went to the "Chronicle" Printing Com•pany at.Petone, where he arranged- to 5000 forms printed. The office was to deliver them at the Post Office, Petone, the postmaster of which had agreed, to have them delivered to householders. The defendant paid postage on 4850 circular's, which were delivered to householders in Wellington. A post office box was hired in' Wellington' to receive replies, which were to. be in the post by 1 p.m. on April' 17. About 100 replies were received through the post, accompanied by a similar number of done-shilling - postal notes. There were Impairs of teams competing, and the defendant - offered £20 to Is or odds of 400 to 1. Of the competitors the highest number Of results of the day's matches forecast as correct was 11 out of 13. ; . : QUESTION OF LOTTERY. "The main question to be decided by .this.- Court -is whether the. circular invites persons to make or take any share in or in connection with any bet or wager, sweepstake, lottery, or scheme," said the Magistrate. "Now the test of whether or not a scheme is a lottery, is not whether or not it gives scope for the exercise of- skill, but whether skill is a determining factor in ascertaining the prize-winner. If merit or skill plays any part in", determining the distribution of the prize or prizes, there.is. no lottery. Any. kind of skill or dexterity, whether bodily or mental, in which persons can compete will prevent a scheme from being a lottery if, the result depended partly upon such skill or dexterity,- and provided that there is in fact: an element of skill; which js not a mere scintilla. "A competition for~a prize for correctly predicting the number, of births arid deaths in London' iii a; specified week was held not to be a game, .of chance. Here sagacity, industry, and search of statistics ..might, give ..one competitor a'great advantage over ..another. , ,-. . . A horse face 'has been .held- not tp.be a gairj'elof^chance, ■.because though-' uncertain, at." is.' more' likely to .be. correctly predicted • byv a person skilled than'by a'person unskilled in.such affairs, j.. . ;. ADVANTAGE IN SKILL. "So in the dase before this Court, I venture to say that a pel-son .of average mentality who had been following the game of football, arid knew .'the form of the various players and how they combined one with the other, would be,in a much'better position to predict the result of a match or matches than one wfio did,not possess such knowledge; . This element.of very real knowledge or skill would 'greatly assist "competitors • towards;, a correct solution of the, problem." -, . b : | He cited a statement by Mr. Justice Edwards in a New Zealand case that "the English authorities are conclusive that in order to show that a prize competition-is -a lottery, it .must be established that the result,'depends entirely upon chance; it. is not/enough to show that. it. depends largely on chance." " ." , ' ""

, , "In my opinion,'' concluded.' the Magistrate, "a considerable element of knowledge and judgment is" .required in selecting 'the winning' teams in. the competitioiv which is the subject.of the charge before this Court, and the defendant cannot in-my opinion be convicted- under the section." •■•