Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

NZ Metro TC 19 November 2010 – R 7

ID: JCA12924

Respondent(s):
Mr D J Butt, Open Horseman

Information Number:
69391

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 19 November 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
JMillar

Race Date:
2010/11/19

Race Number:
R 7

Decision:

As the breach was admitted we find the proved.

Penalty:

Accordingly Mr Butt was fined the sum of $200-00.

Charge:

Careless driving

Facts:

Following the running of Race 7, the Raymond Donnelly & Co Barristers and Solicitors Handicap Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr D. J. Butt, the driver of “Musgrove” (12), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that with approximately 500 metres to run Mr Butt allowed his runner (Musgrove) to strike the sulky wheel of Clover Don causing his own horse to gallop.”

Rules 869(3)(b) reads as follows,

“(3) No horseman in any race shall drive:-
(b) carelessly..”

Facts:

Mr Ydgren gave evidence and used video coverage to illustrate this incident, as set out in the Information.

Mr Butt had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Submissions for Penalty:

In relation to penalty Mr Ydgren advised that Mr Butt had not previously breached this Rule, and also that he had been open when admitting the breach. Mr Ydgren submitted that a fine of $200-00 should be imposed in this case.

Reasons for Penalty:

In considering an appropriate penalty in this case we took into account that Mr Butt had admitted the breach and had not previously breached this Rule. We were also satisfied that penalties previously imposed for similar breaches of this Rule were in the vicinity of $200-00.

Taking all the above matters into account we decided to fine Mr Butt the sum of $200-00.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 69cfb5f124b64ea49d220368715917a3


informantnumber: 69391


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 21/11/2010


hearing_title: NZ Metro TC 19 November 2010 - R 7


charge:

Careless driving


facts:

Following the running of Race 7, the Raymond Donnelly & Co Barristers and Solicitors Handicap Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr D. J. Butt, the driver of “Musgrove” (12), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that with approximately 500 metres to run Mr Butt allowed his runner (Musgrove) to strike the sulky wheel of Clover Don causing his own horse to gallop.”

Rules 869(3)(b) reads as follows,

“(3) No horseman in any race shall drive:-
(b) carelessly..”

Facts:

Mr Ydgren gave evidence and used video coverage to illustrate this incident, as set out in the Information.

Mr Butt had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the proved.


sumissionsforpenalty:

In relation to penalty Mr Ydgren advised that Mr Butt had not previously breached this Rule, and also that he had been open when admitting the breach. Mr Ydgren submitted that a fine of $200-00 should be imposed in this case.


reasonsforpenalty:

In considering an appropriate penalty in this case we took into account that Mr Butt had admitted the breach and had not previously breached this Rule. We were also satisfied that penalties previously imposed for similar breaches of this Rule were in the vicinity of $200-00.

Taking all the above matters into account we decided to fine Mr Butt the sum of $200-00.


penalty:

Accordingly Mr Butt was fined the sum of $200-00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant:


JockeysandTrainer: Mr D J Butt, Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7209f33b9cc474216aba79bf67f01cca


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: db8aef133ba239950f7d7a45a35c21a7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/11/2010


meet_title: NZ Metro TC - 19 November 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: JMillar


meet_pm2: none


name: NZ Metro TC