Shonica Guy
Law firm Maurice Blackburn had brought the case on behalf of Shonica Guy, an ex-addict who suffered significant losses playing slot machines. The case alleged the design of “Dolphin Treasure” electronic gaming machines — which allow players to win cash if they line up matching symbols on a row of spinning reels — misrepresented the chances of winning. Law firm Maurice Blackburn has brought the case in the Federal Court on behalf of Shonica Guy, whose gambling addiction lasted 14 years. 'This case isn't just about me, I want this to stop happening to other people,' Ms Guy said. 'For too long now we've been told that it's our fault and we are the only ones to blame for pokies addiction. The lawsuit by Shonica Guy against Crown Casino and Aristocrat poker machines goes up a notch as the legal team expand the case to allege these 'unconscionable conduct' by these companies. Shonica will be in Melbourne as the case goes through this step, and she'd love to join you for an informal lunch near the Federal Court. Campbelltown mother, Shonica Guy and her son Izaya, 6, were shocked to discover pokies hiding in the popular Where’s Wally? Picture: Tricia Watkinson. Shonica Guy is taking Crown casino and Aristocrat games to court but she isn't trying to recoup any money. What she wants is a declaration that the pokie machines she played for 14 years are deceptive. Shonica Guy says playing the pokies took over her life.
Tuesday 6 February 2018 @ 12.18 p.m. Legal Research Trade & Commerce
On 2 February 2018, the Federal Court of Australia in Victoria handed down its judgement in the landmark case of Guy v Crown Melbourne Ltd (No 2) [2018] FCA 36. The Court found in favour of Crown Melbourne Ltd (‘the respondent’), finding that the specific machine used by the respondent complied with regulations and was not the result of unconscionable conduct, thus clearing the respondent of any wrongdoing.
Facts
The applicant, Shonica Guy, has suffered from gambling addiction for 14 years. She sought a declaration that the Dolphin Treasure gambling machine was designed to be addictive and produce uneven results. The legal action focussed on the uneven spread of symbols needed to win across the five reels central to the game, giving players a sense that they were winning when in reality they were losing money, as well as alleging that the 'return to player' (RTP) statements issued by the machine were confusing.
Legislative Background
The applicant's action focussed in particular on the Competition and Consumer Act 2010 (Cth) section 21:
(a) the supply or possible supply of goods or services to a person (other than a listed public company); or
(b) the acquisition or possible acquisition of goods or services from a person (other than a listed public company);
engage in conduct that is, in all the circumstances, unconscionable.
Decision of the Court
Justice Mortimer, sitting alone, found that while the RTP statements on the machines may be confusing to the ordinary gambler, it would only cause a fleeting impression on the player:
She further found that the applicant did not prove any unconscionability in the conduct of the respondent, especially given the particular way the applicant framed her claim, and with regard to the fact that there was no proof of a particular individual or group of individuals who have been the victim of such alleged unconscionable conduct:
Response to Decision
Dr Charles Livingstone, professor of public health at Monash University, predicted that this was the first of many similar actions regarding gambling regulation. He said:
The manufacturer of the Dolphin Treasure machines, Aristocrat Leisure, who was the second respondent in the matter, said in a statement released to the stock market:
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.
Sources:
Guy v Crown Melbourne Limited (No 2) [2018] FCA 36
Competition and Consumer Act 2010 (Cth) available on TimeBase's LawOne service.
Richard Willingham, ‘Crown casino, Aristocrat face lawsuit alleging deceptive conduct over poker machines,’ (The Age), 6 September 2016.
Nick Toscano, ‘Former gambling addict loses landmark poker machine case against Crown, Aristocrat,’ (The Sydney Morning Herald), 2 February 2018.
Media Release: ‘Aristocrat Welcomes Federal Court Judgment In Guy Litigation.’
Related Articles:
Shonica Guy – who fell into the grips of a gambling addiction – celebrating one year of being ‘pokie free’
A mother-of-one who spent 14 years addicted to poker machines has shared an honest account about what it took to pull herself back from the brink of total destruction.
Shonica Guy, from Adelaide, started gambling as a teenager, a pursuit which she says started out as a ‘harmless bit of fun’ with a then-boyfriend down at the local pub.
‘Little did I know that decision was going to cost me the next 14 years of my life,’ the 42-year-old woman told Daily Mail Australia.
‘I was hooked from the moment I started.’
Despite their relationship ending a few years later, gambling continued as a presence in her life.
She revealed that at first she didn’t see what she was doing as anything more than ‘harmless fun’.
But soon, she was gambling before and after a shift as a part-time worker in a food court and ‘popping out for a punt’ during her lunch break.
Shonica Guy (pictured) started gambling during her teenage years – a pursuit she says started as a bit of fun with her boyfriend down at the local pub
‘I remember my boss at the time telling me he’d been told I was going to the pokies and saying it wasn’t a good look and that he didn’t want me to go,’ she recalled.
Ms Guy said while she went home and ‘thought about what he had said’ in the end she chose gambling, sending her boss a text to tell him she’d quit.
It is such a secret so you tell lies. You don’t want people to know because it’s embarrassing and people judge you
By the time she hit her mid-twenties she was gambling much of her income and could barely afford to pay her bills.
Ms Guy said while she never intended to spend more than $50 in one sitting, she would have ‘at least $200 on her’ – the money she would quickly feed into the machines.
‘You never think you are going to spend all the money, you only think you will spend a bit,’ she recalled.
While it dawned on her that she needed help, she admitted at the time she was far from ready to stop.
Ms Guy (pictured with her mum Leanne) reveals it was easier to say she was a drug addict than tell her mother the truth about her situation
She said one of the most terrifying moments of her addiction saw her access $1,200 of her superannuation due to financial hardship
She said one of the most terrifying moments of her addiction saw her access $1,200 of her superannuation due to financial hardship.
Despite the fact the money was earmarked to help her get out of debt, she headed to a hotel with the intention of doubling it on the machines.
Within an hour she lost the lot.
‘At this time I knew I was hooked and I needed to do something about it. I thought about gambling all the time. But thinking about it and doing something were two different things,’ she said.
The 42-year-old said the lows kept coming and not only was her gambling addiction spiralling out of control, but she had also started to lie to her mum, Leanne.
She admitted at the time it was easier to ask her mother for a loan to pay for drugs and to say she was a drug addict than to reveal she had a gambling problem.
Advocates for reform estimate that people lose around $12 billion a year – with losses spiralling since the first machines were built in 1953 (stock image)
‘It is such a secret so you tell lies. You don’t want people to know because it’s embarrassing and people judge you,’ she said.
‘And obviously, at the time, I didn’t want to tell anyone still so I had to make up something.’
Shanica Guy
It wouldn’t be the first time Ms Guy would have to ask her mum to bail her out, remembering another harrowing time where she had spent everything on the machines and only had $5 left in her purse to live off for a fortnight.
‘I just lost it,’ she said, ‘I didn’t really know what to do.
‘I rang my mum and told her the truth. I told her I couldn’t be trusted any more and she needed to help me manage somehow.
‘I couldn’t do it anymore.’
Gambling addiction in Australia
Ms Guy has become an outspoken advocate for gambling reform in Australia
Gambling addiction is a major problem in Australia. Advocates for reform estimate that people lose around $12 billion a year – with losses spiralling since the first machines were built in 1953
In 2016, Shonica Guy brought a case against one of Australia’s largest game groups, Crown Resorts, and machine manufacturers Aristocrat Leisure
Shonica Bowermeister
Her claims were for unlawful deception and fuelling addictive behaviour
Although Ms Guy didn’t win her case, she said Justice Debra Mortimer noted her judgement should not detract from the issues Ms Guy had raised
It’s been nine years since Ms Guy made that life-changing call and now she can proudly say she’s been free of her addiction this entire time
Her resolve to change would only last a matter of weeks and soon she was borrowing again from friends and trying desperately trying to keep up the charade she was in control.
Then, she said, one night $500 ‘disappeared in record time’ and she had finally had enough.
‘I was thinking I would either do something to myself to die or I was going to make a phone call.
Shonica Gooden
‘And that’s when I decided to make the call to Pokies Anonymous.’
It’s been nine years since Ms Guy made that life-changing call and now she can proudly say she’s been free of her addiction this entire time.
The hardest part she said about stopping was being hit with the realisation that ‘half her life – 14 years – was gone’.
‘I couldn’t understand what had happened. Why didn’t I wake up to myself?
Shoneca Marsh
Now the 42-year-old, who is also a mum to a boy of five, dedicates her life to helping others who are ‘still stuck in that trap’.
She’s a coordinator for two support groups, Pokie Anonymous and Gambling Link, and she runs a drama group to educate people.
‘People need to know if you touch these machines you are in danger,’ she cautions.
‘I feel strongly about letting people how it’s possible to become hooked.’
For help and information, please contact Gambling Help or more information about Pokies Anonymous can be found here