Name and shame

[Lethal]

Section 192 E Crimes Act 1900 NSW.
(2)......or obtains a financial advantage or causes financial disadvantage..........
"Cause" a financial disadvantage means: (a) cause financial disadvantage to another person.....
"Obtain" a financial advantage includes (a) obtain a financial advantage for oneself or another person....(c) keep a financial advantage that one has, whether the financial advantage is permanent or temporary.

What part of the above definitions do not apply to a person administering an illegal substance to a horse, to win a race and therefore obtaining a benefit (prizemoney) to the disadvantage of other persons?

[teecee]

Section 192 E Crimes Act 1900 NSW.
(2)......or obtains a financial advantage or causes financial disadvantage..........
"Cause" a financial disadvantage means: (a) cause financial disadvantage to another person.....
"Obtain" a financial advantage includes (a) obtain a financial advantage for oneself or another person....(c) keep a financial advantage that one has, whether the financial advantage is permanent or temporary.

What part of the above definitions do not apply to a person administering an illegal substance to a horse, to win a race and therefore obtaining a benefit (prizemoney) to the disadvantage of other persons?

All of the above do not apply to the administration of an illegal substance to a horse.. this is simply as I can, the substances are only classified as illegal under the rules of the horse racing or sporting bodies who created and enforce those rules.
The Crime (not) but illegal activity is administration of a prohibited substance. It is not any of the clauses that you quote above.
Again giving an animal a drug judged illegal by a sporting controlling body is the illegal activity only within the rules of the sporting body. Placing the opposition at a disadvantage by that illegal activity does not come into it. There are no rules in any sport that specify not disadvantaging the opposition.

The Crimes Act 1900 NSW and any other Crimes Act are enacted by the Crown by way of the legislature of the state or Country.
It covers crimes by individuals or organisations against the country and its citizens. Drugging a horse is not a crime against a country or its citizens. Accordingly no prosecution under the criminal laws is valid.

Acts against sporting bodies or horse racing authorities are not crimes against society and are not breaches of any Crimes Act of any Parliament.


Also ,let me repeat....
The standard of proof required for a conviction under the Act you quote, or any criminal Act of Australia, is not achieved by the lesser standard of proof used to determine a punishable breach of the sporting and horse racing drug laws.


Under the Crimes Act sections that you quote it would be necessary for the Police (not Stewards) to prove beyond a reasonable doubt, (not the balance of probabilities) that the trainer or person in charge of the horse or any other person to be charged with the offence, commit the offence with the sole purpose of ensuring getting the prize ahead of any other named/ specified party.


All such prosecutions would by determination in the country's criminal law courts with all the appeal options.
I thought most participants wanted quick resolutions...
If the industry has the funds to go down this path then it has the funds to better improve many other aspects of the industry and the lot of all its participants.