Previous research indicates that problem gambling is often associated with crime. Most of this research is focussed on individual psychological cases or data sets examining the relationship between crime rates and location of gambling venues. There is little international research on the response of criminal courts in recognising and accepting problem gambling as a reason for committing crime. This paper provides an examination of the Court of Appeal decisions in England and Wales from January 2000 to January 2009 drawing on the original cases and appeals. The findings of this research are relevant to an international audience where problem gambling is dismissed as a reason for committing crime when facing sentence. It was concluded that although judges recognised problem gambling as a condition, problem gambling did not appear to be accepted as a factor explaining the commission of the crime in England and Wales.