Criminal offences in pathological gamblers

Pathological gambling was recognised formally as a psychiatric disorder of impulse control in 1980. One defining feature of this condition is the failure to resist the urge to gamble despite disturbed psychosocial functioning. This includes the commission of criminal offences motivated by the need to continue gambling as has been shown by several studies reporting that between 21% to 85% of diagnosed pathological gamblers commit such offences. In the United States of America and in Germany, a plea of diminished responsibility has at times been successfully advanced as a defence for convicted pathological gamblers. Given the recent changes in the Australian sociopolitical and economic climate leading to a rapid expansion of gambling activities, it is likely that Australian courts will increasingly be faced with a similar dilemma; should the presence of pathological gambling be considered a mitigating factor in offending. This paper discusses the forensic implications of the demonstrated link between crime and pathological gambling.