Archive Decision

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NZ Metro TC – 12 November 2004 – Race 5

ID: JCA20451

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 12 November 2004

Race Date:
2004/11/12

Race Number:
Race 5

Decision: --

Following the running of Race 5, the Stewart Dawsons Jewellery Graduation Mobile Pace (Final), an information was laid by Stipendiary Steward Mr S. T. Larkins against Mr J. F. Curtin the driver of Sneakyn On Over (5), alleging that he had committed a breach of Rule 869(2)(a) in that he had used his whip excessively.



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DECISION AND REASONS:

--

Following the running of Race 5, the Stewart Dawsons Jewellery Graduation Mobile Pace (Final), an information was laid by Stipendiary Steward Mr S. T. Larkins against Mr J. F. Curtin the driver of Sneakyn On Over (5), alleging that he had committed a breach of Rule 869(2)(a) in that he had used his whip excessively.

--

Mr Curtin had indicated on the information that he did not admit this breach of the Rule. However, after hearing the evidence from the parties, and after having seen the video coverage of the incident, it was clear to us that Mr Curtin did not in fact dispute the charge. For this reason Mr Curtin was given the opportunity to change his plea, which he did.

------

Mr Larkins gave evidence that Mr Curtin was seen to use the whip on his

--

horse in excess of 20 occasions towards the end of this race. The video coverage confirmed this evidence.

--

Penalty: Mr Larkins advised us that Mr Curtin had no previous relevant convictions and recommended a fine of $250-00.      Mr Curtin made submissions that he had never been charged with excessive use of the whip during his 40 years of driving, and said that he did not believe that he should be fined.

--

We adjourned to consider the matter of penalty. We have taken into account that Mr Curtin pleaded guilty to this breach during the hearing, and we also take into account his excellent driving record. We have also looked at the range of fines for this breach of the whip rule and have decided that a fine of $200-00 is appropriate in this case. Mr Curtin is fined this amount.

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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: 896f112245db68d9532d038d4f5d60d9


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 12/11/2004


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 12 November 2004 - Race 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 5, the Stewart Dawsons Jewellery Graduation Mobile Pace (Final), an information was laid by Stipendiary Steward Mr S. T. Larkins against Mr J. F. Curtin the driver of Sneakyn On Over (5), alleging that he had committed a breach of Rule 869(2)(a) in that he had used his whip excessively.



----------
--

DECISION AND REASONS:

--

Following the running of Race 5, the Stewart Dawsons Jewellery Graduation Mobile Pace (Final), an information was laid by Stipendiary Steward Mr S. T. Larkins against Mr J. F. Curtin the driver of Sneakyn On Over (5), alleging that he had committed a breach of Rule 869(2)(a) in that he had used his whip excessively.

--

Mr Curtin had indicated on the information that he did not admit this breach of the Rule. However, after hearing the evidence from the parties, and after having seen the video coverage of the incident, it was clear to us that Mr Curtin did not in fact dispute the charge. For this reason Mr Curtin was given the opportunity to change his plea, which he did.

------

Mr Larkins gave evidence that Mr Curtin was seen to use the whip on his

--

horse in excess of 20 occasions towards the end of this race. The video coverage confirmed this evidence.

--

Penalty:

Mr Larkins advised us that Mr Curtin had no previous relevant convictions and recommended a fine of $250-00.      Mr Curtin made submissions that he had never been charged with excessive use of the whip during his 40 years of driving, and said that he did not believe that he should be fined.--

We adjourned to consider the matter of penalty. We have taken into account that Mr Curtin pleaded guilty to this breach during the hearing, and we also take into account his excellent driving record. We have also looked at the range of fines for this breach of the whip rule and have decided that a fine of $200-00 is appropriate in this case. Mr Curtin is fined this amount.

--

 

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 26f48829e39564ad1730b76ad86685e8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f78d279f8428455f60d133240537a1c8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/11/2004


meet_title: NZ Metro TC - 12 November 2004


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: NZ Metro TC