Proof of intention to obtain financial advantage or cause financial disadvantage
237E Proof of intention to obtain financial advantage or cause financial disadvantage
(1) In proceedings for an offence under section 237G, 237H or 237J, the defendant is taken to have intended to obtain a financial advantage, or to cause a financial disadvantage, if, and only if, it is proved that:
(a) the defendant intended to obtain a financial advantage, or cause a financial disadvantage, in connection with wagering on the event; or
(b) the defendant knew that another person intended to obtain a financial advantage, or cause a financial disadvantage, in connection with wagering on the event or contingency, as a result of the conduct the subject of the charge.
(2) It is not necessary to prove that any financial advantage was actually obtained or any financial disadvantage was actually caused.
In this section:
conduct the subject of the charge means:
(a) in the case of an offence against section 237G – the conduct that the defendant engaged in; or
(b) in the case of an offence against section 237H(1) – the conduct that the defendant offered to engage in; or
(c) in the case of an offence against section 237H(2) – the conduct that the defendant encouraged another person to engage in; or
(d) in the case of an offence against section 237H(3) – the conduct the subject of the agreement; or
(e) in the case of an offence against section 237J(1) – the conduct, or the conduct the subject of the agreement, that the defendant encouraged another person to conceal.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.