R v Fletcher

Case [2019] NSWDC 587


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Fletcher [2019] NSWDC 587
Hearing dates: 17 – 18 October 2019
Date of orders: 22 October 2019
Decision date: 22 October 2019
Jurisdiction:Criminal
Before: DCJ Beckett
Decision:

See [107]

Catchwords:

Criminal Law – Section 192E(1)(b) Crimes Act 1900 – By deception dishonestly obtain a financial advantage/cause a financial disadvantage

 

Criminal Law and Procedure – Directed Acquittal

  Key words – Online betting – bookmakers – Obtain financial advantage – Cause financial disadvantage – Gambling – effective cause – opportunity – benefit
Legislation Cited: Crimes Act 1900 (NSW), ss 4B, Part 4AA, 192B, 192D, 192E(1)(b), 192F
Cases Cited: R v Button [1900] 2 QB 597
Case Stated by Director of Public Prosecutions (SA) (No 2 of 1993) (1993) 70 A Crim R 323 (SASCFC)
Doney v R [1990] HCA 51; (1990) 171 CLR 207
Duncan & Ors v Independent Commission Against Corruption [2016] NSWCA 143
Gibbs v The Queen (1992) 58 SASR 347
Ho and Szeto v R (1989) 39 A Crim R 145
JMR (1991) 57 A Crim R 39
Moylan v Western Australia [2007] WASCA 52; 169 A Crim R 302
R v Clucas [1949] 2 KM 226
R v Harris; R v Turner [1963] 2 WLR 851
R v King; R v Stockwell (1987) 1 QB 547
R v Lambassi [1927] VLR 349
R v Leung (No 3) [2009] NSWSC 450
R v Morris (1997) 98 A Crim R 408 (WACCA)
R v PL [2009] NSWCCA 256
R v R (1989) 18 NSWLR 74
R v Saba [2013] QCA 275
Re Attorney-General’s Reference (No 1 of 1983) [1983] 2 VR 410
Rex v Lewis (unreported), Somerset Assizes January 1922 (see C.R. Williams, Property Offences, below)
Royall v The Queen (1990) 172 CLR 378
Texts Cited: C.R. Williams, Property Offences, Law Book Co., 3rd Ed, 1999 159
Category:Principal judgment
Parties: Stephen Charles Fletcher
Department of Communities and Justice
Representation:

Counsel:
P. Boulten SC
C O’Donnell SC

 

Junior Counsel:
S. Jeliba
L. Hutchinson

  Solicitors:
Cockburn and Co Solicitors
NSW Department of Justice Office of the General Counsel
File Number(s): 2017/328979
Publication restriction: There be suppression of:(i) any information that would reveal, or tend to reveal, the identity of the Crown witness referred to as Witness A including photographic images of the witness, except for the proper preparation and conduct of these proceedings;(ii) any information that would reveal or tend to reveal, the current employment status of the witness; and(iii) the notice of motion initiating the application for the suppression order and all submissions and evidence in relation to that notice of motion.Pursuant to an order made on 1 October 2019.

Judgment

  1. The accused, Stephen Charles Fletcher was arraigned on 2 October 2019 on the presentation of an indictment charging 78 counts contrary to section 192E(1)(b) of the Crimes Act 1900 (NSW) asserting that he dishonestly either obtained a benefit or caused a disadvantage by a deceptive act. All 78 counts allege the same type of…

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R v Fletcher [2019] NSWDC 587
Case
[2019] NSWDC 587
Decision Date

CaseChat Overview and Summary

In the case of R v Fletcher, the appellant was charged with obtaining a financial advantage by deception contrary to section 192E(1)(b) of the Crimes Act 1900. The appellant was alleged to have manipulated online betting markets to gain a financial advantage through deception. The matter was heard and determined in the District Court of New South Wales. The appellant appealed against his conviction and sentence to the NSW Court of Criminal Appeal.

The central issue before the court was whether the appellant's actions amounted to obtaining a financial advantage by deception under section 192E(1)(b) of the Crimes Act 1900. The court had to consider whether the appellant's deception was the effective cause of the financial advantage he obtained, and whether there was a causal link between the deception and the financial benefit he received. The court also had to examine the nature of the deception and whether it was dishonest. Additionally, the court needed to determine if the prosecution had proved the appellant's knowledge and intention to deceive, and if the deception was directed towards a specific individual or entity.

The court held that the prosecution had failed to establish the necessary causal link between the appellant's deception and the financial advantage he obtained. The court found that while the appellant had engaged in dishonest conduct, this conduct was not the effective cause of the financial advantage he received. The court held that the appellant's actions did not constitute obtaining a financial advantage by deception under section 192E(1)(b) of the Crimes Act 1900. Consequently, the appeal was allowed, and the conviction was quashed. The court directed an acquittal, resulting in the appellant being acquitted of the charge.

The court's decision resulted in the appellant being acquitted of the charge. The conviction was quashed, and the court directed an acquittal. No further orders were made.

Orders

Orders of the court

See [107]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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