Archive Decision

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NZ Metro T C 9 November 2010 – R 9

ID: JCA13674

Applicant:
Mr N G McIntyre, Stipendiary Steward

Respondent(s):
Mr P M Hunter, Open Horseman

Information Number:
69298

Hearing Type:
Hearing

Rules:
869 (2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 9 November 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Race Date:
2010/11/09

Race Number:
R 9

Decision:

As Mr Hunter had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

 

Penalty:

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

 

Charge:

Excessive use of the Whip

Facts:

Following the running of Race 9, the James Pascoe Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr P. M. Hunter 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 Defendant committed a breach of Rule 869(2)(a) in that P. Hunter used his whip excessively in the run home while  driving Rakarebel.”
 
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 Hunter 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 McIntyre gave evidence and used video coverage to show that Mr Hunter had used his whip on approximately 35 occasions in the run home. Mr Hunter said that the early strikes with the whip had been “flicks”.

 

Reasons for Decision:

.

Submissions for Penalty:

In relation to penalty Mr Escott advised that Mr Hunter had no relevant previous convictions, was remorseful, and had admitted the breach straight away. Mr McIntyre submitted that a fine of $200-00 would be appropriate in this case.

 
Mr Hunter had no relevant submissions to make with regard to penalty. 

Reasons for Penalty:

We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, and after hearing submissions, that a fine of $200-00 was appropriate in this case.

 
 

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: 5707f9600a13cb23dd157939042d1746


informantnumber: 69298


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 16/11/2010


hearing_title: NZ Metro T C 9 November 2010 - R 9


charge:

Excessive use of the Whip


facts:

Following the running of Race 9, the James Pascoe Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr P. M. Hunter 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 Defendant committed a breach of Rule 869(2)(a) in that P. Hunter used his whip excessively in the run home while  driving Rakarebel.”
 
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 Hunter 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 McIntyre gave evidence and used video coverage to show that Mr Hunter had used his whip on approximately 35 occasions in the run home. Mr Hunter said that the early strikes with the whip had been “flicks”.

 


reasonsfordecision:

.


Decision:

As Mr Hunter had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

 

sumissionsforpenalty:

In relation to penalty Mr Escott advised that Mr Hunter had no relevant previous convictions, was remorseful, and had admitted the breach straight away. Mr McIntyre submitted that a fine of $200-00 would be appropriate in this case.

 
Mr Hunter had no relevant submissions to make with regard to penalty. 

reasonsforpenalty:

We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, and after hearing submissions, that a fine of $200-00 was appropriate in this case.

 
 

penalty:

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

 


hearing_type: Hearing


Rules: 869 (2)(a)


Informant: Mr N G McIntyre, Stipendiary Steward


JockeysandTrainer: Mr P M Hunter, Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 69bdcf07395be7296c1c98a959d22e44


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7636e62d57f70b624d41997f8ab2ceb8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/11/2010


meet_title: NZ Metro TC - 9 November 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC