Invercargill HRC 3 June 2012 – R 1
ID: JCA11744
Meet Title:
Invercargill HRC - 3 June 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
ADennis
Race Date:
2012/06/03
Race Number:
R 1
Decision:
The charge was found to be proved.
Penalty:
Mr Morris was fined the sum of $150-00.
Charge:
Alleged breach of Rule 869(2)(a).
Facts:
Following the running of Race 1, the Invercargill Licensing Trust 3YO & Older Mobile Pace, an Information was filed by Stipendiary Steward Mr C. A. Allison against Open Horseman Mr B. J. Morris alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in an excessive manner when driving “Bella Regalo” out over the concluding stages of this event”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Morris had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Allison gave evidence and used video coverage to show that Mr Morris had used his whip on 20 to 21 occasions in the run home, and that this was deemed to be excessive.
Mr Morris did not dispute this evidence.
Reasons for Decision:
As Mr Morris had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Allison advised that Mr Morris had not previously breached this Rule, and had admitted it. It was also relevant that this was a $3000-00 race and the breach was assessed as being at the lower end of the scale. Mr Morris had co-operated fully during the investigation. Mr Allison submitted that there should be a fine at the lower end of the scale.
Mr Morris had no submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
To Mr Morris’ credit we took into account that he had admitted this breach, had not previously breached this Rule, and that the breach was considered to be at the lower end of the scale. The Penalty Guide recommends a starting point of a fine of $250-00 for a breach of this Rule, and taking into the account the above matters we were satisfied that a fine of $150-00 should be imposed in this case.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 24b9b687893216618bdaaab2eda06fe3
informantnumber: A5998
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Invercargill HRC 3 June 2012 - R 1
charge:
Alleged breach of Rule 869(2)(a).
facts:
Following the running of Race 1, the Invercargill Licensing Trust 3YO & Older Mobile Pace, an Information was filed by Stipendiary Steward Mr C. A. Allison against Open Horseman Mr B. J. Morris alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in an excessive manner when driving “Bella Regalo” out over the concluding stages of this event”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Morris had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison gave evidence and used video coverage to show that Mr Morris had used his whip on 20 to 21 occasions in the run home, and that this was deemed to be excessive.
Mr Morris did not dispute this evidence.
reasonsfordecision:
As Mr Morris had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Allison advised that Mr Morris had not previously breached this Rule, and had admitted it. It was also relevant that this was a $3000-00 race and the breach was assessed as being at the lower end of the scale. Mr Morris had co-operated fully during the investigation. Mr Allison submitted that there should be a fine at the lower end of the scale.
Mr Morris had no submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
To Mr Morris’ credit we took into account that he had admitted this breach, had not previously breached this Rule, and that the breach was considered to be at the lower end of the scale. The Penalty Guide recommends a starting point of a fine of $250-00 for a breach of this Rule, and taking into the account the above matters we were satisfied that a fine of $150-00 should be imposed in this case.
penalty:
Mr Morris was fined the sum of $150-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr C A Allison - Stipendiary Steward
JockeysandTrainer: Mr B J Morris - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 982c9125dc0f5d40477b5b6da3ea240e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7b68f842f49bc197d19f68dc71447fab
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/06/2012
meet_title: Invercargill HRC - 3 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: ADennis
meet_pm2: none
name: Invercargill HRC