Engage In Conduct That Corrupts Betting Outcome

Engaging in conduct that corrupts the betting outcome of an event is an offence outlined in the Criminal Code 2002. The offence carries a maximum penalty of 10 years imprisonment.

What Is Conduct That Corrupts Betting Outcome?

Section 363F of the Code states that a person commits the offence of conduct that corrupts the betting outcome of an event if they:

• engage in activity that corrupts the betting outcome of an event; and
• that person knows that the conduct corrupts the betting outcome of an event; and
• the person intends to obtain a financial advantage, or cause a financial disadvantage for another person who bets on the event; and
• know that the information is corrupt conduct information.

Related Offences

Section 363G outlines that a person (the first person) commits an offence if they engage in conduct that results in:

• another person betting on the event; or
• another person being encouraged to bet on the event; or
• information being communicated to another person who the first person knows would, or would be likely to, bet on the event; and
• knows, or suspects that the information is corrupt conduct information.

What Actions Might Constitute Engaging In Conduct That Corrupts The Betting Outcome of an Event?

Such actions include:

• A sports player, coach or referee underperforming during a sports match to ensure that one team loses or that the match is a draw;
• Any attempt to remove uncertainty normally associated with a sports match, for example match fixing (i.e. pre determining the winner or loser).

What The Police Must Prove

The police must prove:

• that the accused knew or was reckless as to whether their conduct would corrupt the betting outcome of the event; and
  • they engaged in the conduct with the intention of obtaining a gain or causing a loss; and
  • the conduct was related to any betting on the event.
• that the accused intended to obtain a financial advantage or cause a financial disadvantage in relation to betting on an event; or
• that the accused knew that another person intended to gain a financial advantage or cause a financial disadvantage in relation to betting on an event as a result of the conduct that the accused person engaged in.

What The Police Do Not Need To Prove

The police do not need to prove:

• that the accused actually gained a financial advantage or caused a financial disadvantage; or
• that a person made a bet; or
• that a person who was encouraged to bet, or who received information, actually bet on the event; or
• that a person who was encouraged to bet was encouraged to bet in a certain way.

Possible Defences For Engaging In Conduct That Corrupts The Betting Outcome Of An Event

Defences that could be used include:

• that you did not do the acts alleged (factual defence);
• to argue that you did not know and were not reckless as to whether the information would corrupt the betting outcome of an event;
• that you acted under duress.

Which Court Will Hear Your Matter?

All matters of engaging in conduct that corrupts a betting outcome will be dealt with in either the ACT Magistrates Court or the ACT Supreme Court.

When a matter is dealt with summarily (in the Magistrates Court) the maximum penalty is five years imprisonment. When the matter is dealt with on indictment (in the Supreme Court) the maximum penalty is ten years imprisonment.

Penalties

Courts can impose any of the following penalties for this offence:

• Prison Sentence
• Intensive Corrections Order (ICO)
• Suspended Sentence
• Community Service Order (CSO)
• Good Behaviour Order
• Fine

If you require legal advice about betting with information about corrupt betting outcome or any other legal matter, please contact Armstrong Legal.