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Criminal Code Act 1983
237EProof of intention to obtain financial advantage or cause
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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.
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.