Conducting an Unlawful Gambling Operation
In NSW, conducting an unlawful gambling operation is an offence that carries a maximum penalty of a fine of 1,000 penalty units and/or seven 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
- Section 10A
- Conditional Release Order (CRO)
- Section 10
The Offence Of Conducting Unlawful Gambling Operation:
The offence of conducting an unlawful gambling operation is contained in section 93V of the Crimes Act 1900, which states: “A person who conducts an unlawful gambling operation is guilty of an offence.”
What Actions Might Constitute Conducting Unlawful Gambling Operation?
- The definition of an ‘unlawful gambling operation’ is section out in subsection (2). An ‘unlawful gambling operation’ is an operation which involves a substantial loss of potential revenue to the State that would be derived from lawful forms of gambling, and also involves one of the following elements:-
- The keeping of at least 2 premises that are used for the purposes of any form of gambling prohibited by the Unlawful Gabling Act 1998;
- Substantial planning and organisation in relation to matters connected with any such form of prohibited gambling. To establish this, the Court would need to consider factual matters, such as the number of persons and money involved in the operation; or
- The use of sophisticated methods and technology in connection with any form of prohibited gambling or in avoiding detection of that gambling. Examples of sophisticated technology include: telephone diverters, telecommunication devices, surveillance cameras and encrypted software programs.
- Under section 93V, you can also be said to be ‘conducting’ an unlawful gambling operation if you are organising or managing one.
What The Police Must Prove:
To find you guilty of the offence of the offence of conducting an unlawful gambling operation, the Police must prove each of the following beyond reasonable doubt:-
- That you conducted an operation; and
- That operation was an unlawful gambling operation.
Possible Defences For Conducting Unlawful Gambling Operation.:
It is a defence to an offence of conducting an unlawful gambling operation if you can prove either:-
- That your involvement in the operation did not amount to ‘conducting’; or
- That the operation does not meet the criteria for an unlawful gambling operation.
Which court will hear your matter?
This offence is a strictly indictable offence which means that it cannot be finalised in the Local Court. This matter will be finalised in the District Court.
Types of penalties:
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.
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.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.