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Gambling definition

Gambling Law and Legal Definition


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Gambling definition crime definition

Postby Tezuru В» 06.02.2020

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Foreword Gambling has always been a popular form of entertainment in Australia, but the advent of poker and gaming machines, casinos, TABs and lotto-style games has contributed to a substantial growth in the gambling industry. The Productivity Commission reports that 82 per cent of the Australian adult population engaged in some form of gambling in , with gambling taxes and levies paid to state and territory governments nearly doubling over the past 10 years.

However, with increasing opportunities and venues for gambling, public concern about "problem gambling" has grown. This paper examines one of the social problems said to be associated with gambling - the commission of financial crime by individuals trying to obtain funds to gamble with. Recent data supporting the relationship between problem gambling and financial crime are presented, and the most effective judicial responses are assessed.

He was known and trusted by many members of the Geelong community but abused that trust by stealing funds from a number of his clients. After becoming one of the signatories to the bank account established to hold the client's funds, the offender made a number of unauthorised withdrawals that were used initially to replace sums stolen from other clients and subsequently for gambling.

As a VIP member of a casino, he spent days there over seven years, managing to conceal his activities from his family and the community by sometimes linking business trips to Melbourne with visits to the casino R v De Stefano [] VSC 68, 13 March , per Kellam J.

Case study 1 illustrates how problem gambling can provide a motivation for some people, even with secure employment and a substantial income, to commit crime. The current paper considers one of the principal social costs of gambling, namely, gambling-related crime, or crime committed by individual gamblers in order to finance their gambling or to service personal and business debts incurred through gambling.

This is to be distinguished from organised crime or venue-related crime involving illegal gambling. After presenting evidence supporting a link between problem gambling and financial crime, various judicial responses will be considered. At the outset, however, the nature of problem gambling needs to be defined.

According to the Productivity Commission's report on Australia's Gambling Industries , there are few clear socio-demographic factors that differentiate problem gamblers from recreational or regular gamblers. Yet age and certain playing modes notably, gambling in a continuous and intensive form such as with a gaming machine do appear to be associated with a higher likelihood of problem gambling.

In terms of the modes of gambling, the widespread availability of gaming machines known as "pokies" potentially increases the number of problem gamblers in Australia Dickerson Pokies allow intensive, independent play more readily than other forms of gambling and they are widely accessible, being located mainly in hospitality clubs 60 per cent , pubs, taverns and bars ABS Nationally there are more than , gaming machines; a figure five times higher than the United States on a per capita basis Productivity Commission , p.

Although it is difficult to establish a direct link between greater accessibility to gambling and prevalence of problem gambling, ease of access to gambling venues seems to have some positive impact Productivity Commission Problem gamblers are the main profit generators for the gambling industry and, hence, contribute revenue to governments.

There is, accordingly, tension between a government's social role and its need to maintain revenue. Recently, voluntary codes of practice have been developed between industry, government and community groups, covering the provision of information, interactions with customers, exclusion provisions, the physical environment in venues, financial transactions and advertising.

However, "the danger of relying on such voluntary codes of behaviour is that venue operators face an inherent conflict of interest in dealing with problem gambling" Banks , p. Between and a year-old man, who had been employed by an insurance company since he was 17 years old, was working as a senior claims officer. The cheques obtained were paid into accounts opened in his own name with various banks, ostensibly as trustee for one or another of the fictitious third parties.

Most of the money so obtained was lost through gambling. He was sentenced to seven years and six months imprisonment, with a non-parole period of five years and six months R v Atalla [] VSCA , 27 August In recent years, the social costs associated with gambling, including the relationship between problem gambling and crime, have received growing attention. It has been estimated that problem gamblers represent 2.

Although the number of problem gamblers appears to be small, they contribute to approximately one-third of total expenditure on gambling in Australia. According to the Australian Crime Commission , gambling-related fraud and theft has increased considerably in recent times. For example, in South Australia, since poker machines were introduced in that state in , the number of people seeking counselling following the commission of a gambling-related crime has risen from one every two weeks to one a day.

Most people who have sought help have defrauded either their employer or a family member. In order to support their expenditure on gambling, problem gamblers may seek alternative sources of income. At first they are likely to borrow money from family, friends and colleagues, often without paying it back. Some may then sell their assets, including personal belongings, to pawn-brokers, or they may borrow money, often at high interest rates. Once debts have accumulated beyond their means, problem gamblers may seek out illegal sources of money, as illustrated in Case Study 2.

Gamblers often intensify their behaviour in the belief that they will win, especially after early successes. In some cases, people begin gambling as a way of making money to cover their non-gambling debts, but their financial position gets worse as a result of gambling Crofts This may lead them to steal money from others to cover both non-gambling and gambling debts as Case Study 3 illustrates.

Not all problem gamblers, however, turn to crime to support their gambling; illegal activity is generally a last resort. The question that arises is to what extent crime is driven by gambling. In Australia, official crime statistics provide no indication of the extent of gambling-related offences Centre for Criminology and Criminal Justice , although a number of research projects have been undertaken in an attempt to determine the prevalence of gambling-related crime.

Studies have, for example, examined:. A study by Jackson et al. Nearly 60 per cent admitted having committed a gambling-related offence most commonly theft, embezzlement or misappropriation , and almost one-quarter reported that they had been convicted. In their study of male prison inmates in New Zealand, Abbott et al. Moreover, 15 per cent of the inmates reported committing a crime to finance gambling or gambling debts, and nine per cent reported being convicted for gambling-related crimes.

Various difficulties arise in determining the extent of gambling-related crime. Firstly, there is often a lack of objective data concerning the criminal offences reported, as many studies rely on self-reported evidence rather than official data, and sometimes the accuracy of this is questionable. Secondly, gambling-related offending tends not to be reported or detected, particularly where offences are committed against family members.

Even when allegations are reported, they do not always result in a conviction Centre for Criminology and Criminal Justice The prevalence of gambling-related crime amongst prison inmates, therefore, often is not indicative of the true extent of the problem.

Despite these difficulties, and the absence of evidence of a causal relationship between problem gambling and crime, it is apparent that problem gamblers are at high risk of committing crimes in order to finance their gambling activities. She began to gamble hoping that she would make enough money to cover her debts on various store cards and credit cards. As her gambling intensified, she began to write unauthorised cheques to pay her own debts by taking advantage of her position as a signatory to the business cheque account.

She was sentenced to nine months' imprisonment Subject 16 in Crofts , p. Crofts examined 2, cases heard by local and district courts in NSW between and The study examined a variety of property offences involving:. These types of offence were selected as representing those most likely to establish a link between gambling and crime.

Files involving these offences were made available at the New South Wales District Court in Sydney for inspection by researchers. The files provided a cross-section of property and violent crimes against the person dealt with by local and district courts in the five years in question. Pre-sentence reports and police reports were examined to find evidence of gambling or gambling-related activities.

An offence was classified as "gambling-related" if it was committed as a consequence of, or in order to support, or as a significant result of, or significantly related to the defendant's desire, need or compulsion to gamble Crofts , p.

Crofts identified cases four per cent that were gambling-related. Of these cases, 42 contained insufficient detail for further analysis, leaving 63 files which provided the basis for the final study. Of these 63 cases, 76 per cent of offences committed involved fraud, including larceny by a clerk, obtaining financial advantage by false pretences, and cheque fraud. The Australian Institute of Criminology and Pricewaterhouse Coopers examined a sample of "serious fraud" 1 prosecutions heard in and in Australia and New Zealand.

The selection of files was largely undertaken by officers within the agencies concerned mostly the Director of Public Prosecutions in Australia and the Serious Fraud Office in New Zealand who located cases that fulfilled the criteria of serious fraud and which had resulted in a court determination in the two years in question.

As with Crofts's study, documentary files were examined by researchers and facts relating to some 60 data fields were extracted. The sample comprised separate files involving accused persons, of whom were convicted of charges specified in the instant case. In order to investigate the relationship between gambling and the commission of fraud, the primary motivations of the convicted offenders in this sample were examined. Information on offender motivation was usually available from the trial judges' sentencing remarks, pre-sentence reports prepared on behalf of offenders, or in submissions made to the court on behalf of victims or prosecutors.

As shown in Figure 1 , the study found that gambling Figure 1 : Primary motivation of convicted offenders. Note: Information on motivation was available in respect of out of the convicted offenders. Of the 21 convicted offenders in 20 files whose primary motivation for fraud was gambling, the vast majority 86 per cent spent the proceeds of their crime on gambling itself. The most common types of offence committed by the gambling-motivated fraudsters were "obtaining finance or credit by deception" and "cheque fraud" 43 per cent each , followed by "misappropriation of funds in the private sector" and "obtaining goods and services by deception" 19 per cent each.

Fifteen offenders were male, with an average age of 37 years ranging from 28 to 50 at the date of sentencing. The remaining six offenders were female, with an average age of 46 years ranging from 28 to The majority of gambling-motivated fraudsters were employed at the time of the commission of their offences, and nearly half of the offences were committed against employers.

In some cases, offences were committed by professionals against their clients. It appears that gambling-motivated fraudsters were more likely to commit misappropriation of funds in the private sector and to commit cheque fraud than those whose offences were not driven by gambling.

Moreover, although the average amount of actual loss per offender was much smaller for gambling-related offences than for non-gambling-related offences, a greater prevalence of offences committed against employers was observed with gambling-related offences. Note: Percentages are of the total number of convicted offenders in each sub-group.

The number of files involving gambling-motivated offenders was 20, while the number of files involving non-gambling-motivated offenders where information on actual loss was available was One file involved both gambling-motivated and non-gambling-motivated offenders.

While the size of the sample in this study is too small to support statistical analysis, its findings are consistent with Crofts's study. The results of both studies show an association between problem gambling and fraud perpetrated by persons in positions of trust and responsibility.

The presence of problem gambling can be relevant to the determination of sentence in a number of ways. On the one hand, submissions made on behalf of defendants often raise the fact of problem gambling in mitigation of sentence, usually by characterising gambling as an addiction and viewing the criminal conduct as motivated through psychopathology. Such submissions are often supported by expert evidence from psychologists or psychiatrists.

According to Austrin , p. Generally, when a person's gambling activity gives rise to harm to the individual player, to his or her family, or to the community, it may be characterised as pathological see Centre for Criminology and Criminal Justice , p.

Past studies Productivity Commission ; Centre for Criminology and Criminal Justice ; Australian Institute for Gambling Research have found that as individuals' intensity of addiction increases, so are they more likely to suffer problems such as loss of employment, breakdown in personal relationships, and bankruptcy.

Moreover, those affected may seek alternative illegal sources of income to finance their addiction when their personal and legitimate financial resources have been exhausted. The associated harms extend to several areas Dickerson ; Australian Institute for Gambling Research ; Hing :. If it is accepted that the crime was caused principally because of a compulsive disorder, the sentencing judge may be willing to consider a reduction in sentence or the imposition of a conditional order requiring the offender to undergo counselling.

The ACT was the only jurisdiction in which judges made any recommendation that offenders undergo counselling or treatment for gambling problems as one of the conditions of a recognisance order.

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Postby Douktilar В» 06.02.2020

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Postby Samuran В» 06.02.2020

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Campbell, C. Internet gambling under siege. New York: Springer.

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Postby Kigahn В» 06.02.2020

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Postby Bakree В» 06.02.2020

Moodie,p. Denton, S. It is highly probable that gambling will continue to have a strong attraction for criminals, and for organized criminals in particular.

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Postby Yozshucage В» 06.02.2020

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Postby Gardasar В» 06.02.2020

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Postby Kazrabei В» 06.02.2020

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Postby Dazil В» 06.02.2020

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Postby Yonos В» 06.02.2020

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Postby Nikokree В» 06.02.2020

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Postby Kazrasida В» 06.02.2020

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Postby Tauktilar В» 06.02.2020

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Postby Tejar В» 06.02.2020

Another excellent resource is the Kefauver report U. Johnson, D. New York: Donald I. Asbury, H.

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