Use of Corrupt Conduct Information or Inside Information for Betting Purposes


In NSW, the offence of use of corrupt conduct information or inside information for betting purposes carries a maximum penalty of ten years imprisonment for “corrupt conduct information” and a maximum penalty of two years imprisonment for “inside information”.

In NSW, a court can impose any of the following penalties for this charge.

The Offence Of Use Of Corrupt Conduct Information Or Inside Information For Betting Purposes:

The offence of use of corrupt conduct information or inside information for betting purposes is set out in section 193Q of the Crimes Act 1900. There are two subsections to this offence. Subsection one is in regards to “corrupt conduct information” and subsection two is in regards to “inside information”. They are as follows:

  • A person who possesses information in connection with an event that is corrupt conduct information, and who knows or is reckless as to whether the information is corrupt conduct information, is guilty of an offence if the person:
    • bets on the event, or
    • encourages another person to bet on the event in a particular way, or
    • communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.
  • A person who possesses information in connection with an event that is inside information, and who knows or is reckless as to whether the information is inside information, is guilty of an offence if the person:
    • bets on the event, or
    • encourages another person to bet on the event in a particular way, or
    • communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.

What Does “Corrupt Information” Mean?

Corrupt conduct information is defined as:

  • If the information is about conduct, or proposed conduct, that corrupts a betting outcome of the event.

What Does “Inside Information” Mean?

Inside information is information that:

  • Is not generally available and
  • If it were generally available, would, or would be likely to, influence persons who commonly bet on the event in deciding whether or not to bet on the event or making any other betting decision.

What Does “Generally Available Information” Mean?

Information is generally available if:

  • It consists of matter that is readily observable by the public; or
  • It has been made known in a manner that would, or would be likely to, bring it to the attention of the public; or
  • It consists of deductions, conclusions or inferences made or drawn from information referred to above.

What Actions Might Constitute “Corrupt Conduct Information”?

  • Places money on a team that they know will be throwing the game.
  • Tells someone to put money on a team that they know will be throwing the game.

What Actions Might Constitute “Inside Information”?

Places money on a horse to lose when the trainer told them the horse was injured.

What The Police Must Prove:

To convict you of “use of corrupt conduct information or inside information for betting purposes”, the Police must prove beyond reasonable doubt that you:

  • Knew or were reckless as to whether the information is corrupt conduct information; and
  • You bet on the event; or
  • You encouraged another person to bet on the event in a particular way, or
  • You communicated the information to another person who you know or ought reasonably to know would or would be likely to bet on the event.

For point 3 and 4, the police do not have to prove that any bets were actually placed on the relevant event.

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

  • Duress;
  • Honest and reasonable mistake

Which Court Will 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.

 

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.

WHY CHOOSE ARMSTRONG LEGAL?

Legal Hotline.
Open 7am - Midnight, 7 Days
Call 1300 038 223