Archive Decision

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Banks Peninsula TC 18 February 2011 – R 1

ID: JCA15280

Applicant:
Mrs K. R. Williams - Stipendiary Steward

Respondent(s):
Mr P. C. McClelland

Information Number:
69140

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 18 February 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
SChing

Race Date:
2011/02/18

Race Number:
R1

Decision:

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

Penalty:

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

Charge:

Alleging breach of Rule 869(2)(a)

Facts:

Following the running of Race 1, the Bayleys Real Estate Mobile Pace, an Information was filed by Stipendiary Steward Mrs K. R. Wiliams against Open Horseman Mr P. C. McClelland alleging a breach of Rule 869(2)(a) in that he used his whip excessively.

The charge reads as follows.

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that horseman P. McClelland used his whip in an excessive manner over the concluding stages when driving “Alateros”.

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 McClelland 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 Decision:

Mrs Williams gave evidence and used video coverage to show that Mr McClelland had used his whip on about 24 occasions in the run home.

Submissions for Penalty:

In relation to penalty Mrs Williams advised that Mr McClelland had no relevant previous convictions, and as he had admitted the breach it was submitted that a fine of $200-00 should be imposed in this case.

Reasons for Penalty:

In considering an appropriate penalty we took into account that this breach was admitted, and also that Mr McClelland had no previous relevant conviction. Taking all these matters into account, and previous penalties imposed in similar cases, we decided that an appropriate penalty in this case was a fine 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: 7e4c2c18573b3d7e034ccf3f004635b4


informantnumber: 69140


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/02/2011


hearing_title: Banks Peninsula TC 18 February 2011 - R 1


charge:

Alleging breach of Rule 869(2)(a)


facts:

Following the running of Race 1, the Bayleys Real Estate Mobile Pace, an Information was filed by Stipendiary Steward Mrs K. R. Wiliams against Open Horseman Mr P. C. McClelland alleging a breach of Rule 869(2)(a) in that he used his whip excessively.

The charge reads as follows.

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that horseman P. McClelland used his whip in an excessive manner over the concluding stages when driving “Alateros”.

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 McClelland 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:

Mrs Williams gave evidence and used video coverage to show that Mr McClelland had used his whip on about 24 occasions in the run home.


reasonsfordecision:


Decision:

As Mr McClelland 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 Mrs Williams advised that Mr McClelland had no relevant previous convictions, and as he had admitted the breach it was submitted that a fine of $200-00 should be imposed in this case.


reasonsforpenalty:

In considering an appropriate penalty we took into account that this breach was admitted, and also that Mr McClelland had no previous relevant conviction. Taking all these matters into account, and previous penalties imposed in similar cases, we decided that an appropriate penalty in this case was a fine of $200-00.


penalty:

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


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mrs K. R. Williams - Stipendiary Steward


JockeysandTrainer: Mr P. C. McClelland


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f484bd940acce88094f5d7f79496133d


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: ada614816e67c79aa35c1a2271f6f9ac


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/02/2011


meet_title: Banks Peninsula TC - 18 February 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "71", "Total": "44.02", "kmprice": 44.020000000000003, "Approved": "on"}, {"Comment": [], "kmprice": 43.399999999999999, "MemberID": "JPhelan", "Member": "", "KMs": "70", "OtherExpenses": "0", "Total": "43.4", "MemberRole": "Chair ", "Approved": "on"}]


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: SChing


meet_pm2: none


name: Banks Peninsula TC