Regulatory Offences
Gambling Offences
Charges under the Common Gaming Houses Act 1953 and the Betting Act 1953 can affect operators, employees, premises owners and even players. Recent enforcement against online betting has widened the net considerably.
How I approach it
We challenge the legality of raids, the categorisation of premises as a 'common gaming house', and the identification of the accused as an operator versus a casual player. We also negotiate compounding where available.
Speak to RohanCharges I represent
- Operating or assisting in a common gaming house
- Being found in a common gaming house
- Bookmaking and illegal betting (Betting Act 1953)
- Online gambling under the Communications and Multimedia Act 1998
What is at stake
Operators
Fines up to RM50,000 and imprisonment of up to 5 years for those running or assisting in gaming operations.
Patrons
Fines of up to RM5,000 and short custodial terms for being found gaming in a prohibited premises.
Seizure
Equipment, cash and devices used for gaming are routinely seized and forfeited on conviction.
Defences I build
Premises not a 'gaming house'
The statutory definition is technical. Many raided premises do not meet it on a strict reading of the evidence.
Mere presence is not participation
Being present at a location is not, on its own, proof of gaming. The prosecution must establish actual participation.
Unlawful search and seizure
Raids that breach procedural safeguards can lead to exclusion of key exhibits.
Common questions about Gambling Offences
Yes, under s.6 of the Common Gaming Houses Act. But the prosecution still has to prove you were gaming, not merely present.
Online betting prosecutions are increasingly brought under the CMA 1998. The evidence trail is digital, and there are real defences around device ownership and access.
Premises can be the subject of forfeiture or restriction orders. We resist these aggressively where ownership and use are disputed.
Confidential consultation
Facing a criminal.items.gambling.shorttitle charge?
Time is the most valuable thing you have right now. Speak to me early, in confidence, and let us plan the response together.
Discuss your case