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 Singapore1.2 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 Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Public Prosecutor | Respondent | Government Agency | Appeal Partially Upheld | Partial | Christopher Ong of Attorney-General’s Chambers Jordan Li of Attorney-General’s Chambers Shamini Joseph of Attorney-General’s Chambers |
Logachev Vladislav | Appellant | Individual | Appeal Allowed in Part | Partial |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Sundaresh Menon | Chief Justice | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Christopher Ong | Attorney-General’s Chambers |
Jordan Li | Attorney-General’s Chambers |
Shamini Joseph | Attorney-General’s Chambers |
Josephine Chee Fei | Rajah & Tann Singapore LLP |
Yusfiyanto Bin Yatiman | Rajah & Tann Singapore LLP |
4. Facts
- Appellant pleaded guilty to six charges of cheating at play under s 172A(2) of the Casino Control Act.
- Appellant was part of a Russian syndicate operating in casinos globally.
- Syndicate used smartphone devices to record and analyze slot machine play patterns.
- Decoded data enabled syndicate members to predict outcomes on targeted slot machines.
- Appellant taught accomplices how to use smartphone devices for cheating.
- Appellant, Skubnik, and Egorov traveled to Singapore to execute the cheating scheme.
- Appellant won $30,959.90 by cheating at Marina Bay Sands casino on 7 May 2016.
5. Formal Citations
- Logachev Vladislav v Public Prosecutor, Magistrate’s Appeal No 9133 of 2017, [2018] SGHC 12
- Public Prosecutor v Egorov Andrei and Logachev Vladislav, , [2017] SGDC 141
6. Timeline
Date | Event |
---|---|
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
- 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
- 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
- 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
- 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 Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the 'multiple starting points' approach to sentencing. |
Public Prosecutor v Koh Thiam Huat | High Court | Yes | [2017] 4 SLR 1099 | Singapore | Cited for the principal parameters in evaluating the seriousness of a crime: harm and culpability. |
Public Prosecutor v Apinyowichian Yongyut and others | Singapore District Court | Yes | [2016] SGDC 200 | Singapore | Cited 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 Kee | Singapore District Court | Yes | [2014] SGDC 3 | Singapore | Cited 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 Kumar | High Court | Yes | [2007] 2 SLR(R) 334 | Singapore | Cited for the principle that recovery of cheated amounts by authorities is not a decisive factor in sentencing. |
Public Prosecutor v Tan Thian Earn | High Court | Yes | [2016] 3 SLR 269 | Singapore | Cited for the principle that culpability should be considered in arriving at a sentencing range. |
Liew Zheng Yang v Public Prosecutor | High Court | Yes | [2017] 5 SLR 1160 | Singapore | Cited for following Tan Thian Earn in the context of attempted possession of a controlled drug. |
Edwin s/o Suse Nathen v Public Prosecutor | Unknown | Yes | [2013] 4 SLR 1139 | Singapore | Cited 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 Prosecutor | Unknown | Yes | [2014] 3 SLR 180 | Singapore | Cited for the principle that committing an offence as part of a criminal syndicate is an aggravating factor. |
Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the principle that the involvement of a transnational element aggravates an offence. |
Public Prosecutor v Pang Shuo | High Court | Yes | [2016] 3 SLR 903 | Singapore | Cited 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 Prosecutor | High Court | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited 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 Prosecutor | Unknown | Yes | [2015] 5 SLR 122 | Singapore | Cited for the principle that cooperation with the authorities is a mitigating factor when it is borne out of remorse. |
Stansilas Fabian Kester v Public Prosecutor | Unknown | Yes | [2017] 5 SLR 755 | Singapore | Cited for the sentencing framework established in the context of drunk driving which causes physical injury and/or property damage. |
Zhao Zhipeng v Public Prosecutor | Unknown | Yes | [2008] 4 SLR(R) 879 | Singapore | Cited for the principle that motive affects the degree of an offender’s culpability for sentencing purposes. |
Mohamed Shouffee bin Adam v Public Prosecutor | Unknown | Yes | [2014] 2 SLR 998 | Singapore | Cited for the content of the totality principle. |
ADF v Public Prosecutor and another appeal | Unknown | Yes | [2010] 1 SLR 874 | Singapore | Cited 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 Name | Jurisdiction |
---|---|
Casino Control Act (Cap 33A, 2007 Rev Ed) s 172A | Singapore |
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 420 | Singapore |
Penal Code (Cap 224, 1985 Rev Ed) s 420 | Singapore |
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 12 | Singapore |
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
Area Name | Relevance Score |
---|---|
Casino Control Act | 95 |
Sentencing | 90 |
Cheating at Play | 90 |
Criminal Procedure | 80 |
Criminal Law | 75 |
Appeal | 60 |
Fraud and Deceit | 40 |
Theft | 40 |
Commercial Fraud | 30 |
Contract Law | 20 |
16. Subjects
- Criminal Law
- Sentencing
- Casino Law