Archive Decision

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Northland HRC 5 January 2011 – R 3

ID: JCA16038

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr R Downey - Junior Horseman driver of CHANCE

Other Person:
Mr G Robb - Senior Horseman assisting Mr Downey

Hearing Type:
Hearing

Rules:
869(2)(c)

Plea:
admitted

Meet Title:
Northland TC - 5 January 2011

Meet Chair:
BRowe

Meet Committee Member 1:
AGodsalve

Race Date:
2011/01/05

Race Number:
R 3

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Balancing the above matters but with emphasis on the relative non seriousness of the breach a fine of $150 is imposed.

Charge:

Junior horseman R Downey used his whip outside the confines of his sulky when driving CHANCE over the concluding stages.

Facts:

Stipendiary Steward Mr J Muirhead showed the video film of the run down the home straight. Mr Downey used his whip outside the confines of his sulky on 16 occasions.

Mr Downey said he did not hit his horse – he ran the whip through its tail to keep its mind on the job.

Mr Robb said Mr Downey was trying to keep his horse on the bit and no other horses were inconvenienced.

Submissions for Penalty:

Mr Muirhead said Mr Downey had not previously breached this rule, the recommended starting point for penalty was a fine of $200 or a 2 week suspension and the offending was “medium to lower”. He submitted a fine of $200 should be imposed.

Mr Downey said he would prefer a suspension.

Mr Robb submitted leniency should be shown because the offending was at the lower end of the scale.

Reasons for Penalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr. Muirhead, Mr Downey and Mr Robb, the clear record of Mr Downey in relation to this rule, his junior horseman status, the recommended starting point for penalty and views the offending as being near the lower end on the scale of seriousness. The committee does not accept a suspension is appropriate for a relatively minor first breach of this rule.

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: b1a11107fbf81ba36c864bb310bc3861


informantnumber:


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Northland HRC 5 January 2011 - R 3


charge:

Junior horseman R Downey used his whip outside the confines of his sulky when driving CHANCE over the concluding stages.


facts:

Stipendiary Steward Mr J Muirhead showed the video film of the run down the home straight. Mr Downey used his whip outside the confines of his sulky on 16 occasions.

Mr Downey said he did not hit his horse – he ran the whip through its tail to keep its mind on the job.

Mr Robb said Mr Downey was trying to keep his horse on the bit and no other horses were inconvenienced.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Muirhead said Mr Downey had not previously breached this rule, the recommended starting point for penalty was a fine of $200 or a 2 week suspension and the offending was “medium to lower”. He submitted a fine of $200 should be imposed.

Mr Downey said he would prefer a suspension.

Mr Robb submitted leniency should be shown because the offending was at the lower end of the scale.


reasonsforpenalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr. Muirhead, Mr Downey and Mr Robb, the clear record of Mr Downey in relation to this rule, his junior horseman status, the recommended starting point for penalty and views the offending as being near the lower end on the scale of seriousness. The committee does not accept a suspension is appropriate for a relatively minor first breach of this rule.


penalty:

Balancing the above matters but with emphasis on the relative non seriousness of the breach a fine of $150 is imposed.


hearing_type: Hearing


Rules: 869(2)(c)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr R Downey - Junior Horseman driver of CHANCE


Otherperson: Mr G Robb - Senior Horseman assisting Mr Downey


PersonPresent:


Respondent:


StipendSteward:


raceid: 18ba052eb54fe830fd9af3b5f8f1fd03


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 865583fcf8c64611d7a3fed34fdce0bc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/01/2011


meet_title: Northland TC - 5 January 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: northland-tc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: AGodsalve


meet_pm2: none


name: Northland TC