Archive Decision

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Geraldine TC 2 February 2019 – R 8 – Chair, Mr D Anderson

ID: JCA18107

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr R Dunn - Trainer

Other Person:
Mr N Ydgren - Chief Stipendiary Steward

Information Number:
A11407

Hearing Type:
Hearing

New Charge:
Presenting horse without notified gear

Rules:
865(2)

Plea:
admitted

Meet Title:
Geraldine TC - 2 February 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
SChing

Race Date:
2019/02/02

Race Number:
R 8

Decision:

As Mr Dunn admitted the breach the charge was found proved.

Penalty:

Accordingly, Mr Dunn is fined $150.

Facts:

Following the running of Race 8 the “Pinelea Farm / Terror To Love Mobile Pace” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 865(2) by Trainer Mr R Dunn. The information alleged, Horse Kotare Yolande presented without notified gear (pacifier).

Mr Dunn had signed the Information stating he admitted the breach and that he did not wish to present at the hearing which was confirmed by Mr Renault.

Mr Renault explained to the hearing that this rule was normally dealt with by way of a Minor Infringement Notice but because this was Mr Dunn’s third breach within 120 days an Information had been filed.

Rule 865(2) states:-

“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).

Rule 1110 (4) states:-

The Judicial Committee shall determine the sanction for the breach (Under the Minor Infringement Procedure) if:-

It is the person’s third or subsequent breach of that Rule within 120 Days.

Mr Renault stated that Mr Dunn had presented KOTARE YOLANDE to race without notified gear. (Pacifier).

Submissions for Penalty:

Mr Renault said Mr Dunn had breached this rule at Addington on 13 November 2018 and at Auckland on 15 December 2018 which makes this breach his third in 80 days.

Mr Renault said the Stewards were seeking a fine of $150.

Reasons for Penalty:

The standard fine for this rule under the Minor Infringement Schedule is a $100 fine. This is Mr Dunn’s 3rd breach within 120 days and is an aggravating factor which warrants an uplift in penalty. This uplift we set at $50. We therefore determined that a fine of $150 was an appropriate penalty.

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: ef35658acc18ed7b9263456feab735e4


informantnumber: A11407


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Presenting horse without notified gear


plea: admitted


penaltyrequired: 1


decisiondate: 04/02/2019


hearing_title: Geraldine TC 2 February 2019 - R 8 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 8 the “Pinelea Farm / Terror To Love Mobile Pace” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 865(2) by Trainer Mr R Dunn. The information alleged, Horse Kotare Yolande presented without notified gear (pacifier).

Mr Dunn had signed the Information stating he admitted the breach and that he did not wish to present at the hearing which was confirmed by Mr Renault.

Mr Renault explained to the hearing that this rule was normally dealt with by way of a Minor Infringement Notice but because this was Mr Dunn’s third breach within 120 days an Information had been filed.

Rule 865(2) states:-

“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).

Rule 1110 (4) states:-

The Judicial Committee shall determine the sanction for the breach (Under the Minor Infringement Procedure) if:-

It is the person’s third or subsequent breach of that Rule within 120 Days.

Mr Renault stated that Mr Dunn had presented KOTARE YOLANDE to race without notified gear. (Pacifier).


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Dunn admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Renault said Mr Dunn had breached this rule at Addington on 13 November 2018 and at Auckland on 15 December 2018 which makes this breach his third in 80 days.

Mr Renault said the Stewards were seeking a fine of $150.


reasonsforpenalty:

The standard fine for this rule under the Minor Infringement Schedule is a $100 fine. This is Mr Dunn’s 3rd breach within 120 days and is an aggravating factor which warrants an uplift in penalty. This uplift we set at $50. We therefore determined that a fine of $150 was an appropriate penalty.


penalty:

Accordingly, Mr Dunn is fined $150.


hearing_type: Hearing


Rules: 865(2)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr R Dunn - Trainer


Otherperson: Mr N Ydgren - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5ca717ed5bdaef35fd62e3dcc528e25e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9af0e19e844afa396e2bcb6df2bcaf16


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/02/2019


meet_title: Geraldine TC - 2 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: SChing


meet_pm2: none


name: Geraldine TC