Skill vs. Luck in Poker and the Law

England Court of Appeals - Derek Kelly tried to demonstrate poker is a game of skill. The Court of Appeal has upheld a milestone judgment by a jury that poker is a game where chance and luck outweighs the player's skillfulness. Last January Snaresbrook Crown Court convicted Derek Kelly, 46, of operation unlicensed poker games and breaching two counts of the 1968 Gaming Act. Kelly appealed on the basis that the trial judge had misdirected the jury for the duration of his summary of the case. But the appeal court judges dismissed the appeal.

Throughout the appeal it was argued on behalf of Kelly that the trial judge should have aimed to the jury that a game in which skill overshadowed chance was not a game of chance. The appeal court ruled on Friday that there had been no disorder or intentions to mislead the jury. The act states a license is needed to host games of chance such as blackjack and roulette, but not games of skill, such as chess and quiz contest machines.

The trial revolved around Texas Hold 'Em Poker. The jury was asked to decide whether it was a game of skill or chance, or a blend of both. Lord Justice Thomas concluded by saying, "The jury was, on the evidence, plainly entitled to conclude that the game of Texas Hold'em was a game of chance as defined by the 1968 Act."

Tags: Skill Luck Poker Conviction Law