Terrell A-G CJ:

Only two questions arise on this appeal; (1) whether the game was a game of chance, and (2) whether it was played for money or money's worth.

As regards (1), according to the evidence the board was spun so fast that it was impossible to distinguish the numbers. Such being the case, hitting any particular number must have been pure chance.

As regards (2), in Luff v. Leaper, 36 JP 773 Blackburn J considered a bottle of beer was money's worth and this decision was cited with approval by Huddlestone B in Dyson v. Mason, 22 QB Div 351. In my opinion a tin of cigarettes is also money's worth. Accordingly, the player staked the price of his ticket and the owner of the dart board a tin of cigarettes, the result depending on pure chance. The elements of gaming within the meaning of the Ordinance were accordingly present, and the conviction was correct and the appeal must be dismissed.

Appeal dismissed.