Appeal – N Chilcott
ID: JCA19120
Hearing Type (Code):
thoroughbred-racing
Decision: --
Miss N Chilcott lodged an appeal against the decision of the judicial committee on the 6th January 2006 in respect to a charge of a breach of Rule 869(3)(c) the Reckless Driving rule.
--
BEFORE THE APPEALS TRIBUNAL
--HELD AT CAMBRIDGE
--BETWEEN Miss NA Chilcott - Appellant
--AND Harness Racing New Zealand - Respondent
--HEARING DATE: 13 January 2006
--APPEAL TRIBUNAL: Judge NF Smith (Chairman), Mr K Coutts
--PRESENT: Miss NA Chilcott ? Appellant
--Mr M Branch ? Counsel
--Mr J Muirhead ? for Respondent
--DECISION OF APPEALS TRIBUNAL
--Miss N Chilcott lodged an appeal against the decision of the judicial committee on the 6th January 2006 in respect to a charge of a breach of Rule 869(3)(c) the Reckless Driving rule.
--We have heard the submissions and viewed the film. However, there are other serious matters, which we as an Appeal Tribunal have observed which led us to our decision today.
--First, the judicial committee had not made any attempt to define the term "reckless driving" thus limiting the ability of Miss Chilcott to advance her defence.
--Secondly, and more importantly, the judicial committee, despite the severity of the charge laid, failed to give Miss Chilcott the opportunity of an adjournment nor advise her of her right to be legally represented at any adjourned hearing.
--Finally, but to a lesser extent, we are concerned over the refusal to allow Miss Chilcott to obtain a copy of the film before filing her appeal.
--We find that all of the above matters would constitute a breach of the principles of natural justice.
--For that reason, we allow the appeal.
--The filing fee is to be refunded and costs will lie where they fall.
----
--
Decision Date: 01/01/2001
Publish Date: 01/01/2001
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: 2d41f65662e77b65b2d29322d012c377
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Appeal - N Chilcott
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Miss N Chilcott lodged an appeal against the decision of the judicial committee on the 6th January 2006 in respect to a charge of a breach of Rule 869(3)(c) the Reckless Driving rule.
--
BEFORE THE APPEALS TRIBUNAL
--HELD AT CAMBRIDGE
--BETWEEN Miss NA Chilcott - Appellant
--AND Harness Racing New Zealand - Respondent
--HEARING DATE: 13 January 2006
--APPEAL TRIBUNAL: Judge NF Smith (Chairman), Mr K Coutts
--PRESENT: Miss NA Chilcott ? Appellant
--Mr M Branch ? Counsel
--Mr J Muirhead ? for Respondent
--DECISION OF APPEALS TRIBUNAL
--Miss N Chilcott lodged an appeal against the decision of the judicial committee on the 6th January 2006 in respect to a charge of a breach of Rule 869(3)(c) the Reckless Driving rule.
--We have heard the submissions and viewed the film. However, there are other serious matters, which we as an Appeal Tribunal have observed which led us to our decision today.
--First, the judicial committee had not made any attempt to define the term "reckless driving" thus limiting the ability of Miss Chilcott to advance her defence.
--Secondly, and more importantly, the judicial committee, despite the severity of the charge laid, failed to give Miss Chilcott the opportunity of an adjournment nor advise her of her right to be legally represented at any adjourned hearing.
--Finally, but to a lesser extent, we are concerned over the refusal to allow Miss Chilcott to obtain a copy of the film before filing her appeal.
--We find that all of the above matters would constitute a breach of the principles of natural justice.
--For that reason, we allow the appeal.
--The filing fee is to be refunded and costs will lie where they fall.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.c
Informant:
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Respondent:
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