A woman who siphoned $1.42 million from the ACT's betting agency is unlikely to be sent back to prison after she was forced to miss weekend detention.
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Pamela Susan Close, 61, served one year behind bars for defrauding ACTTAB while she worked there from 2001 to 2010.
She worked as a betting accounts manager for 20 years, and spent the past 10 using a glitch in the agency's wagering system to reopen races and place winning bets.
Close then collected the winnings using fake accounts.
ACTTAB noticed the suspicious activities in May 2010 and launched an internal investigation.
During sentencing, Close told the court she gave some of the money to charity, and used the rest for gambling and drinking.
The ACT Supreme Court sentenced her to five years imprisonment, to be served through one year of full-time custody, and a further 18 months of weekend detention.
But, for reasons outside of her control, Close was forced to stop going to weekend detention.
She had a knee replacement and her doctors told her to take eight weeks off, giving her a medical certificate.
That forced the Sentence Administration Board to either send her to full-time prison or remit the matter to the ACT Supreme Court.
It came back to court before Justice John Burns on Friday.
"You increase the severity of the sentence or you decrease it. There are only two options," he said.
The Crown conceded that was the choice, and submitted Close should be sent back to full-time imprisonment, citing the seriousness of the offence and the need to send a message to the community.
Justice Burns disagreed, saying the breach occurred in circumstances outside of Close's control.
Close's lawyer Michael Kukulies-Smith said his client was eligible for community service, and said it was an appropriate form of sentence.
Justice Burns said he needed some time to formulate the sentence, but indicated he would not return Close to full-time custody.
The matter will return to court next week.
