R v Fletcher [2019] NSWDC 587
The evidence does not establish that the alleged deception was the operative cause of obtaining the financial advantage or causing the financial disadvantage, as required by s 192E(1)(b) Crimes Act 1900 (NSW). The financial advantage resulted from the winning outcomes of the races, not from the deception. Therefore, a verdict of acquittal must be directed for all counts.
- Jurisdiction
- Australia
- Judgment Date
- 22 October 2019
- Procedural Posture
- Criminal / Application for Directed Acquittal at Conclusion of Crown Case
- Outcome
- directed acquittal
- Legal Topics
- ['fraud' 'deception' 'dishonesty' 'financial Advantage' 'directed Acquittal' 'online Betting' 'bookmakers' 'gambling']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Application for Directed Acquittal at Conclusion of Crown Case
Legal Issues
- 1 ["Whether using 'bowler' betting accounts constitutes deception under s 192E(1)(b) Crimes Act 1900 (NSW)" 'Whether deception was the operative cause of obtaining a financial advantage or causing a financial disadvantage' 'Whether sufficient evidence exists to sustain guilt for offences charged']
Ratio Decidendi
The evidence does not establish that the alleged deception was the operative cause of obtaining the financial advantage or causing the financial disadvantage, as required by s 192E(1)(b) Crimes Act 1900 (NSW). The financial advantage resulted from the winning outcomes of the races, not from the deception. Therefore, a verdict of acquittal must be directed for all counts.
Court Disposition
directed acquittal
Orders
- ['Directed verdicts of acquittal in respect of the 78 counts on the indictment']
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