R v Russo

[2013] NSWDC 47

District Court

New South Wales

Medium Neutral Citation:	R v Russo [2013] NSWDC 47
Hearing dates:	1st March 2013
Decision date:	01 March 2013
Before:	Berman SC DCJ
Decision:	Sentenced to imprisonment consisting of an overall non-parole period of 15 months and an overall head sentence of 30 months. The offender is to be released at the end of the non-parole period
Catchwords:	CRIMINAL LAW - Sentence - Form 1 - Corruptly giving a benefit to an agent - Performance enchancing substanes - Trotting industry
Cases Cited:	Regina v Potter [2005] NSWCCA 26
Category:	Sentence
Parties:	The Crown Michael Andrew Russo
Representation:	Director of Public Prosecutions Bunton Law - Offender
File Number(s):	2011/381756

SENTENCE

1. HIS HONOUR: Many people enjoy betting. Many people enjoy betting on horse races. A lot of people do not, but those that do are entitled to have things as fair as possible. They are entitled to have horses run on their merits and they are entitled to have the authorities act properly in ensuring that that is the case. What the offender, Michael Russo, did was, on eleven occasions, act corruptly by giving or offering a benefit to a steward in the harness racing authority, so that horses with which he, Mr Russo, was involved with would not be tested by the stewards. He did this because he knew that if such testing was undertaken it would reveal matters of concern, usually that the horses had been given something to enhance their performance. This is corruption in a pastime which is important to many people. It is corruption which must be dealt with severely when it is detected. The Court of Criminal Appeal in a decision called Regina v Potter [2005] NSWCCA 26 demonstrated just how serious corruption, including of stewards, in the racing industry is.

1. The offender has pleaded guilty to nine counts of corruptly giving a benefit to an agent and asks that when I sentence him for the first of those matters, I take into account two other counts of corruptly offering to give a benefit to an agent on a Form 1. He pleaded guilty to those matters at the first opportunity and so the sentences I will impose upon him are twenty-five per cent less than they would otherwise have been.

1. The corrupt activity extended over a significant period. It began sometime in early 2010. Quite who approached whom I am unable to determine, but in February 2010 the first of a series of transactions took place. Mr Russo contacted a steward by the name of Matthew Bentley, a corrupt steward who, somewhat amazingly, has been granted an immunity from prosecution so he may never face punishment for his involvement in what I am about to describe.

1. The purpose of Mr Russo contacting Mr Bentley was to confirm that Mr Bentley would be the steward working at a particular harness racing meet on 22 February 2010. The two men worked out that Mr Bentley would be there that day and Mr…