JW was charged with one count of ‘Use Inside Information to bet on event’ contrary to s 193Q(2)(a) Crimes Act 1900, and one count ‘Possess Inside Information/communicate other to bet on event’, contrary to s 193Q(2)(c) Crimes Act 1900.
JW was convicted and Sentenced to a Conditional Release Order (CRO) for a period of 18 months on the ‘Use Inside Information to bet on event’ charge. The ‘Possess Inside Information/communicate other to bet on event’ charge was placed on a Form 1.
Chris Cole lodged a District Court Severity Appeal on JW’s behalf.
Chris Cole briefed Counsel, Phillip Boulten SC, who then made submissions in the District Court concerning why Her Honour ought not convict JW, focussing primarily on the extra-curial punishment JW had suffered as a result of the offending. The Crown submitted that although the offence was serious, Her Honour would not be in error if a conviction was not recorded. Her Honour considered the matter and proceeded to deliver Judgment.
Her Honour ultimately upheld the appeal and quashed the conviction, instead placing JW on a CRO, without conviction, for the duration of 18 months.
This is an outstanding result.