Banks Peninsula TC 27 November 2011 – R 1
ID: JCA12568
Meet Title:
Banks Peninsula TC - 27 November 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/11/27
Race Number:
R1
Decision:
As Mr McGrath admitted the breach, the charge was found proved.
Penalty:
Mr McGrath was fined the sum of $200.
Charge:
Horse presented in incorrect gear.
Facts:
Following the running of Race 1, Nick’s Pet Foods Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr N R McGrath, alleging a breach of Rule 865 (2) in that, as the trainer of HILARIOUS LAVRA in the race, he presented that horse with deafeners that had not been notified.
Mr McGrath had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr McGrath did not wish to be present at the hearing.
Rule 865 (2) provides as follows:
2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
Submissions for Decision:
Mr Renault said that Mr McGrath had presented HILARIOUS LAVRA, trained by him, for Race 1 in deafeners which had not been notified as required.
Mr Renault informed the Committee that the offence was one included in the Minor Infringement System. However, Mr McGrath had three previous breaches of Rule 865 on his record – two at Rangiora on 30 March 2011 (fined $100 in each case under the Minor Infringement System) and another at Addington on 21 October 2011 (fined $200 following the filing of an information) – within the preceding period of 365 days. For that reason, an information was filed pursuant to Rule 1105A (3) (c).
Submissions for Penalty:
Mr Renault submitted that a fine of $200 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to Mr McGrath’s admission of the breach. The Committee noted that the penalty prescribed by the Minor Infringement System for a breach of Rule 865 is a fine of $100. For third and subsequent breaches, that penalty has to increase. The Committee was of the view that a fine of $200 was a sufficient penalty.
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: 38c1c636e674e8ecf978c1dffd13ae58
informantnumber: A5468
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: Banks Peninsula TC 27 November 2011 - R 1
charge:
Horse presented in incorrect gear.
facts:
Following the running of Race 1, Nick’s Pet Foods Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Public Trainer, Mr N R McGrath, alleging a breach of Rule 865 (2) in that, as the trainer of HILARIOUS LAVRA in the race, he presented that horse with deafeners that had not been notified.
Mr McGrath had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr McGrath did not wish to be present at the hearing.
Rule 865 (2) provides as follows:
2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault said that Mr McGrath had presented HILARIOUS LAVRA, trained by him, for Race 1 in deafeners which had not been notified as required.
Mr Renault informed the Committee that the offence was one included in the Minor Infringement System. However, Mr McGrath had three previous breaches of Rule 865 on his record – two at Rangiora on 30 March 2011 (fined $100 in each case under the Minor Infringement System) and another at Addington on 21 October 2011 (fined $200 following the filing of an information) – within the preceding period of 365 days. For that reason, an information was filed pursuant to Rule 1105A (3) (c).
reasonsfordecision:
Decision:
As Mr McGrath admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault submitted that a fine of $200 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to Mr McGrath’s admission of the breach. The Committee noted that the penalty prescribed by the Minor Infringement System for a breach of Rule 865 is a fine of $100. For third and subsequent breaches, that penalty has to increase. The Committee was of the view that a fine of $200 was a sufficient penalty.
penalty:
Mr McGrath was fined the sum of $200.
hearing_type: Hearing
Rules: 865(2)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr N R McGrath - Licensed Public Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 935852829e80d4546371ea877de611f9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3d1c5d11a2a005be352952ee959f01c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2011
meet_title: Banks Peninsula TC - 27 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC