Timaru HRC 12 April 2011 – R 6
ID: JCA15732
Meet Title:
Timaru HRC - 12 April 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/04/12
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Mr Smith was fined the sum of $200-00.
Charge:
Alleged gear change without notification
Facts:
Stipendiary Steward Mr S. P. Renault filed an information against Licensed Trainer Mr G. D. Smith alleging a breach of Rule 865(2). It was alleged that Mr Smith, the trainer of “Sunvasion” (2), which started in Race 6, the Stylish Monarch & Monarchy Trot, presented his horse into the assembly area without the notified half blinds.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that Trainer G. Smith presented horse “Sunvasion” into the assembly area without the notified half blinds.”
Rule 865(2) reads 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).”
Mr Smith 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:
Mr Renault gave evidence regarding the non-notification of this gear change as set out in the Information.
Reasons for Decision:
As Mr Smith had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Renault advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr Smith’s fourth breach of this Rule since 11 November 2010, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr Smith’s fourth breach of this Rule in the last six months Mr Renault submitted that a fine of $200-00 should be imposed in this case.
Mr Renault also explained that an Information should have been filed in relation to Mr Smith’s third breach Rule on 11 January 2011, but this was not done due to an oversight.
Mr Smith had made written submissions on the Information, as follows.
“Stakes are poor on Tuesdays, honest mistake & I believe the original $100 is high enough.”
The “original $100” referred to by Mr Smith relates to the fine as set out on a Minor Infringement Notice.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that this was Mr Smith’s fourth conviction under this Rule in the last six months. This is an unacceptable record by Mr Smith and we do not accept that the he should expect to continue to be fined $100-00 in these circumstances. The amount recommended by the Stipendiary Stewards is fair and we decided that a fine of $200-00 would be 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: c90a89f74037519d4b59fff3ea0e2060
informantnumber: 69152
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Timaru HRC 12 April 2011 - R 6
charge:
Alleged gear change without notification
facts:
Stipendiary Steward Mr S. P. Renault filed an information against Licensed Trainer Mr G. D. Smith alleging a breach of Rule 865(2). It was alleged that Mr Smith, the trainer of “Sunvasion” (2), which started in Race 6, the Stylish Monarch & Monarchy Trot, presented his horse into the assembly area without the notified half blinds.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that Trainer G. Smith presented horse “Sunvasion” into the assembly area without the notified half blinds.”
Rule 865(2) reads 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).”
Mr Smith 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:
Mr Renault gave evidence regarding the non-notification of this gear change as set out in the Information.
reasonsfordecision:
As Mr Smith had admitted this 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 Renault advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr Smith’s fourth breach of this Rule since 11 November 2010, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr Smith’s fourth breach of this Rule in the last six months Mr Renault submitted that a fine of $200-00 should be imposed in this case.
Mr Renault also explained that an Information should have been filed in relation to Mr Smith’s third breach Rule on 11 January 2011, but this was not done due to an oversight.
Mr Smith had made written submissions on the Information, as follows.
“Stakes are poor on Tuesdays, honest mistake & I believe the original $100 is high enough.”
The “original $100” referred to by Mr Smith relates to the fine as set out on a Minor Infringement Notice.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that this was Mr Smith’s fourth conviction under this Rule in the last six months. This is an unacceptable record by Mr Smith and we do not accept that the he should expect to continue to be fined $100-00 in these circumstances. The amount recommended by the Stipendiary Stewards is fair and we decided that a fine of $200-00 would be appropriate in this case.
penalty:
Mr Smith was fined the sum of $200-00.
hearing_type: Hearing
Rules: 865(2)
Informant: Mr S. P. Renault - Stipendiary Steward
JockeysandTrainer: Mr G. D. Smith - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d1fb481492c103dab5828ada4ec87b3b
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: 41197562b3363a64318513919d3f9891
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2011
meet_title: Timaru HRC - 12 April 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "322", "Total": "199.64", "kmprice": 199.63999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Timaru HRC