Ashburton TC 24 October 2011 – R 7
ID: JCA18188
Meet Title:
Ashburton TC - 24 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/24
Race Number:
R7
Decision:
Messrs Purdon and Payne having admitted the breach, the charge was found proved.
Penalty:
Messrs Purdon and Payne were fined the sum of $200.
Charge:
Horse presented in incorrect gear
Facts:
Following the running of Race 7, The Pres Ashburton Trotters Flying Mile Mobile Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainers, Messrs M Purdon & G R Payne, alleging a breach of Rule 865 (2) in that Messrs Purdon and Payne, as the trainers of I CAN DOOSIT in the race, failed to advise that I CAN DOOSIT would race without half blinds.
Ms N C Rasmussen, as agent for Messrs Purdon and Payne, had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr McIntyre informed the Committee that neither Mr Purdon, Mr Payne nor Ms Rasmussen wished to be present at the hearing of the information.
Rule 865 (2) provides 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).
Submissions for Decision:
Mr McIntyre said that Messrs Purdon and Payne had presented I CAN DOOSIT, trained by them, in Race 7 without the half blinds that had been notified.
Mr McIntyre said that the offence was one included in the Minor Infringement System. However, Messrs Purdon and Payne had received two fines of $100 under the scheme for breaches of Rule 865 before receiving two further fines of $200 each following the filing of informations. For that reason, an information was filed pursuant to Rule 1105A (3) (c).
Submissions for Penalty:
Mr McIntyre submitted that a fine of $200 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Respondents’ admission of the breach. The Committee noted that the penalty prescribed by the Minor Infringement System for a breach of Rule 865 is a fine of $100. Although fines of $200 were imposed for two breaches of the Rule following the filing of informations, the Committee was of the view that a further fine of $200 on this occasion was adequate, having regard to the fact that a breach of the Rule is, by definition, a “minor infringement”. However, Messrs Purdon and Payne are put on notice that any further breach of the Rule will likely incur a heavier 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: f8d8c3d130686c92ce97e45ed5db2ded
informantnumber: A1006
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/10/2011
hearing_title: Ashburton TC 24 October 2011 - R 7
charge:
Horse presented in incorrect gear
facts:
Following the running of Race 7, The Pres Ashburton Trotters Flying Mile Mobile Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainers, Messrs M Purdon & G R Payne, alleging a breach of Rule 865 (2) in that Messrs Purdon and Payne, as the trainers of I CAN DOOSIT in the race, failed to advise that I CAN DOOSIT would race without half blinds.
Ms N C Rasmussen, as agent for Messrs Purdon and Payne, had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr McIntyre informed the Committee that neither Mr Purdon, Mr Payne nor Ms Rasmussen wished to be present at the hearing of the information.
Rule 865 (2) provides 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).
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre said that Messrs Purdon and Payne had presented I CAN DOOSIT, trained by them, in Race 7 without the half blinds that had been notified.
Mr McIntyre said that the offence was one included in the Minor Infringement System. However, Messrs Purdon and Payne had received two fines of $100 under the scheme for breaches of Rule 865 before receiving two further fines of $200 each following the filing of informations. For that reason, an information was filed pursuant to Rule 1105A (3) (c).
reasonsfordecision:
Decision:
Messrs Purdon and Payne having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre submitted that a fine of $200 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Respondents’ admission of the breach. The Committee noted that the penalty prescribed by the Minor Infringement System for a breach of Rule 865 is a fine of $100. Although fines of $200 were imposed for two breaches of the Rule following the filing of informations, the Committee was of the view that a further fine of $200 on this occasion was adequate, having regard to the fact that a breach of the Rule is, by definition, a “minor infringement”. However, Messrs Purdon and Payne are put on notice that any further breach of the Rule will likely incur a heavier penalty.
penalty:
Messrs Purdon and Payne were fined the sum of $200.
hearing_type: Hearing
Rules: 865 (2)
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer: M Purdon & G R Payne, Licensed Public Trainers
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 62875a52b36113b327c128724aa85f85
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0ecf1c8e3fdb021af296a1ffd8975828
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/10/2011
meet_title: Ashburton TC - 24 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC