Crime
Case note: cheating by fraudulent act
Published · Updated
The charge
Cheating by fraudulent act under the Casino Control Act 1982 (Qld). The allegation arose at a roulette table, where chips belonging to another player were taken after a winning hand.
What was done
Instructions were to plead not guilty, on the basis that what occurred was an honest and reasonable mistake of fact. Section 24 of the Criminal Code (Qld) excuses a person who acts under an honest and reasonable, but mistaken, belief in a state of things.
CCTV footage of the table was obtained, and detailed written submissions were made to police prosecutions across several discussions.
The result
On the day of hearing, the prosecution offered no evidence and the matter was discontinued.
Whether a charge proceeds depends on the evidence available and the view the prosecution takes of it. Every matter is decided on its own facts, and this note is not an indication of what will happen in any other case.
Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.