Banks Peninsula TC 15 April 2012 – R 12
ID: JCA15908
Meet Title:
Banks Peninsula TC - 15 April 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/04/15
Race Number:
R 12
Decision:
As Mr Hastie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Hastie was fined the sum of $200-00.
Charge:
Alleged wrong number.
Facts:
Stipendiary Steward Mr SP Renault filed an Information against Licensed Trainer, Mr AD Hastie alleging a breach of Rule 849(2). It was alleged that Mr Hastie had attached the wrong numbers to his horse “K C Pedro” prior to the start of this race.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 849(2) (in that) K C Pedro was presented with the 6 number showing as opposed to the correct 9.”
Rule 849(2) reads as follows –
“The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area.”
Mr Hastie had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
A charge under Rule 849(2) is usually dealt with under the Minor Infringement Notice system. However, Mr Hastie disputed the amount of the fine of $200-00 which is set for a breach of this Rule. Under the provisions of Rule 1105A(3)(a) it was therefore necessary to file an Information on this occasion.
Submissions for Decision:
Mr Renault gave evidence that when inspected in the parade ring it was noticed that “K C Pedro” was wearing number 6 instead of the correct number 9.
Mr Hastie did not contest the facts of this matter.
Submissions for Penalty:
In relation to penalty Mr Renault said that under the Minor Infringement System the fine for a breach of this Rule was set at $200-00, and made submissions that Mr Hastie should be fined this amount, .
Mr Hastie said that he thought that a fine of $200-00 was excessive for a breach of this Rule, but gave no valid reasons as to why the fine should be reduced.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that the Minor Infringement System sets penalties to enable matters to be dealt with without the need for a hearing. We were aware that before the Minor Infringement System came into effect a fine of $200-00 was usually imposed for a breach of this Rule.
Mr Hastie gave no special reason why the fine should be reduced in this case, and we were satisfied that a fine of $200-00 was appropriate.
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: e3834f92109883d9ded2a7305f0c7259
informantnumber: A5097
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2012
hearing_title: Banks Peninsula TC 15 April 2012 - R 12
charge:
Alleged wrong number.
facts:
Stipendiary Steward Mr SP Renault filed an Information against Licensed Trainer, Mr AD Hastie alleging a breach of Rule 849(2). It was alleged that Mr Hastie had attached the wrong numbers to his horse “K C Pedro” prior to the start of this race.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 849(2) (in that) K C Pedro was presented with the 6 number showing as opposed to the correct 9.”
Rule 849(2) reads as follows –
“The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area.”
Mr Hastie had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
A charge under Rule 849(2) is usually dealt with under the Minor Infringement Notice system. However, Mr Hastie disputed the amount of the fine of $200-00 which is set for a breach of this Rule. Under the provisions of Rule 1105A(3)(a) it was therefore necessary to file an Information on this occasion.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence that when inspected in the parade ring it was noticed that “K C Pedro” was wearing number 6 instead of the correct number 9.
Mr Hastie did not contest the facts of this matter.
reasonsfordecision:
Decision:
As Mr Hastie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault said that under the Minor Infringement System the fine for a breach of this Rule was set at $200-00, and made submissions that Mr Hastie should be fined this amount, .
Mr Hastie said that he thought that a fine of $200-00 was excessive for a breach of this Rule, but gave no valid reasons as to why the fine should be reduced.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that the Minor Infringement System sets penalties to enable matters to be dealt with without the need for a hearing. We were aware that before the Minor Infringement System came into effect a fine of $200-00 was usually imposed for a breach of this Rule.
Mr Hastie gave no special reason why the fine should be reduced in this case, and we were satisfied that a fine of $200-00 was appropriate.
penalty:
Mr Hastie was fined the sum of $200-00.
hearing_type: Hearing
Rules: 849(2)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr AD Hastie - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6df04417752fbdbe192fbdb14a84d4e8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a6eca4c1a1c6e7978b524809f60c4d14
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2012
meet_title: Banks Peninsula TC - 15 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC