Engage in Conduct That Corrupts The Outcome
In NSW, the offence of engaging in conduct that corrupts the betting outcome of an event carries a maximum penalty of ten years imprisonment.
In NSW, a court can impose any of the following penalties for this charge.
- Prison Sentence
- Home Detention
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Community Corrections Orders (CCO)
- Good Behaviour Bond
- Fine
- Section 10A
- Conditional Release Order (CRO)
- Section 10
The Offence of Engage In Conduct That Corrupts The Outcome:
The offence of engaging in conduct that corrupts the betting outcome of an event is set out in section 193N of the Crimes Act 1900 which states:
A person who engages in conduct that corrupts a betting outcome of an event:
- knowing or being reckless as to whether the conduct corrupts a betting outcome of the event; and
- with the intention of obtaining a financial advantage, or causing a financial disadvantage, in connection with any betting on the event, is guilty of an offence.
What Does “Engage In Conduct” Mean?
Section 193H of the Crimes Act 1900 defines engage in conduct:
- Do an act, or
- Omit to perform an act.
What Does “Corrupts The Betting Outcome Of An Event” Mean?
Section 193H of the Crimes Act 1900 defines corrupts the betting outcome of an event:
- Affects or, if engaged in, would be likely to affect the outcome of any type of betting on the event, and
- Is contrary to the standards of integrity that a reasonable person would expect of persons in a position to affect the outcome of any type of betting on the event.
What Does “Obtain Financial Advantage Or Cause Financial Disadvantage” Mean?
Section 193K of the Crimes Act 1900 defines obtain financial advantage or cause financial disadvantage into two categories:
‘Obtain’ a financial advantage includes:
- Obtain a financial advantage for oneself or for another person, and
- Induce a third person to do something that results in oneself or another person obtaining a financial advantage, and
- Keep a financial advantage that one has, and
- Whether the financial advantage is permanent or temporary.
‘Cause’ a financial disadvantage means:
- Cause a financial disadvantage to another person, or
- Induce a third person to do something that results in another person suffering a financial disadvantage,
- Whether the financial disadvantage is permanent or temporary.
What Actions Might Constitute Engaging In Condict That Corrupts The Betting Outcome Of An Event?
- When a player or referee deliberately under-performs during a sporting contest to ensure that one team loses or draws the match.
- An attempt to remove all uncertainty normally associated with sport.
What The Police Must Prove:
To convict you of “Engaging in Conduct that Corrupts the Betting Outcome of an Event”, the Police must prove beyond reasonable doubt that you:
- Knowingly or being reckless that one’s conduct would corrupt the betting outcome of the event; and
- It was done with the intention of obtaining financial gain, or causing financial loss; and
- That it was in connection with any betting on the event.
What The Police Must Prove That There Was Intention To Obtain Financial Advantage Or Cause Financial Disadvantage:
Section 193L of the Crimes Act 1900 outlines that the element of the offence is established if, and only if, it is proved that:
- The accused meant to obtain a financial advantage, or cause a financial disadvantage, in connection with betting on the event, or
- The accused was aware that another person meant to obtain a financial advantage, or cause a financial disadvantage, in connection with betting on the event, as a result of the the conduct subject to the charge.
Possible Defences For Engaging In Conduct That Corrupts The Betting Outcome Of An Event
Which Court Wil Hear Your Matter?
This charge is a Table 1 offence, which means that the DPP can elect to have the matter dealt with in the District Court, however if no election is made, it will be heard by a Police Prosecutor in the Local Court.
Types of penalties:
Jail: This is the most serious penalty and involves full time detention in a correctional facility. Read more.
Home Detention: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.
Intensive Corrections Order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
Suspended Sentence: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Community Service Order (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Good Behaviour Bond: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.
Fines: When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Section 10A: A section 10A is a conviction, with no other penalty attached to it. Read more.
Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.
Section 10 avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.