Logachev Vladislav v Public Prosecutor: Cheating at Play & Casino Control Act Sentencing

Logachev Vladislav, a Russian national, appealed against his 45-month imprisonment sentence imposed by the District Judge for six charges of cheating at play under Section 172A(2) of the Casino Control Act. The High Court, presided over by Sundaresh Menon CJ, allowed the appeal in part, setting aside the original sentence and imposing new individual sentences, resulting in a reduced aggregate sentence of 38 months. The court proposed a sentencing framework to guide future sentencing for offenses under Section 172A(2) of the Casino Control Act.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Logachev Vladislav appeals his 45-month sentence for cheating at play under the Casino Control Act. The court proposes a sentencing framework.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal Partially UpheldPartial
Christopher Ong of Attorney-General’s Chambers
Jordan Li of Attorney-General’s Chambers
Shamini Joseph of Attorney-General’s Chambers
Logachev VladislavAppellantIndividualAppeal Allowed in PartPartial

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes

4. Counsels

Counsel NameOrganization
Christopher OngAttorney-General’s Chambers
Jordan LiAttorney-General’s Chambers
Shamini JosephAttorney-General’s Chambers
Josephine Chee FeiRajah & Tann Singapore LLP
Yusfiyanto Bin YatimanRajah & Tann Singapore LLP

4. Facts

  1. Appellant pleaded guilty to six charges of cheating at play under s 172A(2) of the Casino Control Act.
  2. Appellant was part of a Russian syndicate operating in casinos globally.
  3. Syndicate used smartphone devices to record and analyze slot machine play patterns.
  4. Decoded data enabled syndicate members to predict outcomes on targeted slot machines.
  5. Appellant taught accomplices how to use smartphone devices for cheating.
  6. Appellant, Skubnik, and Egorov traveled to Singapore to execute the cheating scheme.
  7. Appellant won $30,959.90 by cheating at Marina Bay Sands casino on 7 May 2016.

5. Formal Citations

  1. Logachev Vladislav v Public Prosecutor, Magistrate’s Appeal No 9133 of 2017, [2018] SGHC 12
  2. Public Prosecutor v Egorov Andrei and Logachev Vladislav, , [2017] SGDC 141

6. Timeline

DateEvent
Appellant made arrangements for syndicate members to travel to Singapore
Appellant, Skubnik, and Egorov arrived in Singapore
Appellant cheated at MBS casino and won $30,959.90
Skubnik pleaded guilty and was sentenced
Appellant and Egorov pleaded guilty before the District Judge
Appellant and Egorov were sentenced by the District Judge
District Judge issued written grounds for decision
Parties filed written submissions
Appellant filed a written reply
Hearing before the High Court
Parties filed further submissions
Judgment reserved

7. Legal Issues

  1. Sentencing for Cheating at Play
    • Outcome: The court proposed a five-step sentencing framework for offenses under s 172A(2) of the Casino Control Act.
    • Category: Substantive
  2. Application of the Parity Principle
    • Outcome: The District Judge correctly relied on Skubnik’s sentence as the starting point for determining the Appellant’s sentence, as well as in distinguishing Yongyut given the different factual matrix.
    • Category: Substantive
  3. Totality Principle
    • Outcome: The court made adjustments to the individual sentences imposed on the offender to ensure that the aggregate sentence was not excessive.
    • Category: Substantive
    • Related Cases:
      • [2014] 2 SLR 998

8. Remedies Sought

  1. Appeal against sentence

9. Cause of Actions

  • Cheating at Play

10. Practice Areas

  • Criminal Law
  • Sentencing Guidelines

11. Industries

  • Gambling
  • Casinos

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ng Kean Meng Terence v Public ProsecutorCourt of AppealYes[2017] 2 SLR 449SingaporeCited for the 'multiple starting points' approach to sentencing.
Public Prosecutor v Koh Thiam HuatHigh CourtYes[2017] 4 SLR 1099SingaporeCited for the principal parameters in evaluating the seriousness of a crime: harm and culpability.
Public Prosecutor v Apinyowichian Yongyut and othersSingapore District CourtYes[2016] SGDC 200SingaporeCited as a precedent for sentencing in casino cheating cases, but distinguished due to different factual matrix.
Public Prosecutor v Lim Boon Kwang and Leow Pui KeeSingapore District CourtYes[2014] SGDC 3SingaporeCited as a precedent for sentencing in casino cheating cases, but found to not provide a reliable reference point.
Public Prosecutor v Fernando Payagala Waduge Malitha KumarHigh CourtYes[2007] 2 SLR(R) 334SingaporeCited for the principle that recovery of cheated amounts by authorities is not a decisive factor in sentencing.
Public Prosecutor v Tan Thian EarnHigh CourtYes[2016] 3 SLR 269SingaporeCited for the principle that culpability should be considered in arriving at a sentencing range.
Liew Zheng Yang v Public ProsecutorHigh CourtYes[2017] 5 SLR 1160SingaporeCited for following Tan Thian Earn in the context of attempted possession of a controlled drug.
Edwin s/o Suse Nathen v Public ProsecutorUnknownYes[2013] 4 SLR 1139SingaporeCited as an example of a case where sentencing bands were created despite the absence of an upper limit with respect to the relevant metric of an offence.
Yap Ah Lai v Public ProsecutorUnknownYes[2014] 3 SLR 180SingaporeCited for the principle that committing an offence as part of a criminal syndicate is an aggravating factor.
Public Prosecutor v Law Aik MengHigh CourtYes[2007] 2 SLR(R) 814SingaporeCited for the principle that the involvement of a transnational element aggravates an offence.
Public Prosecutor v Pang ShuoHigh CourtYes[2016] 3 SLR 903SingaporeCited for the principle that the severity of the sentence should reflect the role played by the offender in a syndicate.
Angliss Singapore Pte Ltd v Public ProsecutorHigh CourtYes[2006] 4 SLR(R) 653SingaporeCited for the jurisprudential bases upon which a reduction in sentence for a timeously-effected guilty plea could be justified.
Vasentha d/o Joseph v Public ProsecutorUnknownYes[2015] 5 SLR 122SingaporeCited for the principle that cooperation with the authorities is a mitigating factor when it is borne out of remorse.
Stansilas Fabian Kester v Public ProsecutorUnknownYes[2017] 5 SLR 755SingaporeCited for the sentencing framework established in the context of drunk driving which causes physical injury and/or property damage.
Zhao Zhipeng v Public ProsecutorUnknownYes[2008] 4 SLR(R) 879SingaporeCited for the principle that motive affects the degree of an offender’s culpability for sentencing purposes.
Mohamed Shouffee bin Adam v Public ProsecutorUnknownYes[2014] 2 SLR 998SingaporeCited for the content of the totality principle.
ADF v Public Prosecutor and another appealUnknownYes[2010] 1 SLR 874SingaporeCited for the circumstances in which an order for more than two sentences to run consecutively ought to be given serious consideration.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Casino Control Act (Cap 33A, 2007 Rev Ed) s 172ASingapore
Corrosive and Explosive Substances and Offensive Weapons Act (Cap 65, 2013 Rev Ed) s 7(1)(a)Singapore
Penal Code (Cap 224, 2008 Rev Ed) ss 417 and 420Singapore
Penal Code (Cap 224, 1985 Rev Ed) s 420Singapore
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 48C(1)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(1)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 10A(1)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) ss 8(a) and 12Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Cheating at play
  • Casino Control Act
  • Sentencing framework
  • Russian syndicate
  • Smartphone devices
  • Slot machines
  • Marina Bay Sands
  • Resorts World Sentosa
  • Parity principle
  • Totality principle
  • Transnational element
  • Culpability
  • Harm

15.2 Keywords

  • Cheating
  • Casino
  • Sentencing
  • Criminal Law
  • Singapore
  • Appeal
  • Casino Control Act

17. Areas of Law

16. Subjects

  • Criminal Law
  • Sentencing
  • Casino Law