Sportingbet Australia Pty Limited v de Veaux [2006] NSWSC 421

New South Wales Supreme Court

CITATION : Sportingbet Australia Pty Limited v de Veaux [2006] NSWSC 421

HEARING DATE(S) : 10 May 2006

JUDGMENT DATE : 12 May 2006

JURISDICTION : Common Law

JUDGMENT OF : Michael Grove J at 1

DECISION : APPEAL DISMISSED

CATCHWORDS : APPEAL FROM LOCAL COURT - TIME FOR COMMENCING PROCEEDINGS BY COURT ATTENDANCE NOTICE - PUBLISHING ADVERTISEMENT OF PREPAREDNESS TO PROVIDE BETTING INFORMATION - "PUBLISH" DEFINED BY STATUTE TO INCLUDE "CAUSING TO PUBLISH" - OFFENCE NOT COMPLETE UNTIL ACTUAL PUBLICATION - TIME RUNS FROM COMMISSION OF COMPLETED OFFENCE

Crimes (Local Courts and Review) Act 2001 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 s30(1(a)(i) Racing Administration Act 1998

PARTIES : Sportingbet Australia Pty Limited v Paul de Veaux

FILE NUMBER(S) : SC 13230/05

COUNSEL : P. Boulten SC (Plaintiff/Applicant) R. Cogswell SC with C. Lonergan and G. Pulsford (Crown/Respondent)

SOLICITORS : Addisons (Plaintiff/Applicant) I.V. Knight (Crown Solicitor)

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : 84929/04/86

LOWER COURT JUDICIAL OFFICER : G. Cocks LCM

LOWER COURT DATE OF DECISION : 06/27/2005

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MICHAEL GROVE J

Friday 12 May 2006

13230/05 - SPORTINGBET AUSTRALIA PTY LIMITED v PAUL DE VEAUX

JUDGMENT

1 HIS HONOUR: This is an appeal by Sportingbet Australia Pty Limited pursuant to the Crimes (Local Courts Appeal and Review) Act 2001 against a finding of guilt at Gosford Local Court of publishing an advertisement indicating willingness to provide betting information, an offence contrary to s 30(1)(a)(i) of the Racing Administration Act 1998. In lieu of penalty, orders were made without proceeding to conviction pursuant to s 10 of the Crimes (Sentencing Procedure) Act 1999.