Examining the potential for therapeutic jurisprudence in cases of gambiling-related criminal offending in Australia

Despite being recognised as an addiction in the psychological and legal domains, gambling disorder does not mitigate the culpability of perpetrators of gambling-related offences in Australia. This article will argue that this stance is misguided, as it is founded upon misconceptions about the nature of problem gambling, exaggerated emphasis upon certain sentencing principles over others and undue differentiation between drug and gambling addictions. The success of the recently instituted South Australian gambling court suggests that a similar model could be implemented in other Australian states. Furthermore, analysis of court records suggests that magistrates are willing to acknowledge the influence of gambling disorder upon criminal offending but can only currently do so through findings of special circumstances. Consequently, the gambling court model may present a unique means by which to introduce a greater degree of therapeutic jurisprudence to sentencing perpetrators of gambling-related crimes. Doing so may also effectively reduce the social costs associated with gambling and gambling-related offending.