Facilitate Conduct That Corrupts the Betting Outcome of an Event
In New South Wales, the offence of facilitate conduct that corrupts betting outcome of 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 Facilitate Conduct That Corrupts The Betting Outcome Of An Event
The offence of facilitate conduct that corrupts betting outcome of event is set out in section 193O of the Crimes Act 1900 which states:
A person who facilitates 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 “Facilitate Conduct” Mean?
Section 193O of the Crimes Act 1900 defines engage in conduct:
- Offers to engage in conduct that corrupts a betting outcome of an event, or
- Encourages another person to engage in conduct that corrupts a betting outcome of an event, or
- Enters into an agreement about conduct that corrupts a betting outcome of an event.
What Does “Encourage Another Person” Mean?
Section 193M of the Crimes Act 1900 defines encourage another person to engage in conduct to include:
- Command; or
- Request; or
- Propose; or
- Advise; or
- Incite; or
- Induce; or
- Persuade; or
- Authorise; or
- Urge; or
- Threaten; or
- Place pressure on the person to engage in conduct.
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,
- 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 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 Actions Might Constitute “Facilitates In Conduct That Corrupts The Betting Outcome Of An Event?
- Offers a player or referee money to deliberately under-perform during a sporting contest to ensure that one team loses the match.
What The Police Must Prove
To convict you of “Facilitate Conduct that Corrupts Betting Outcome of 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.
Section 193L of the Crimes Act 1900 outlines that this 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.
Which Court Will Hear the 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.
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