NZ Metro TC 21 January 2011 – R 1
ID: JCA11319
Meet Title:
NZ Metro TC - 21 January 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/01/21
Race Number:
R 1
Decision:
As Mr McNally had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly we advised the parties that Mr McNally was fined the sum of $150-00.
Charge:
Following the running of Race 1, the $50,000 Pick Six Tonight – Starts Race 5 Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr S. R. McNally alleging a breach of Rule 869(2)(c) in that he used his whip outside the sulky confines in this race.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(c) in that Mr McNally in the run home whilst driving “Code of Honour” projected his whip outside the confines of the sulky.”
Rule 869(2)(c) reads as follows.
“(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.”
Facts:
Mr McNally 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.
Mr Renault gave evidence and used video coverage of to show that in the straight Mr McNally had used his whip outside the confines of the sulky on several occasions.
Mr McNally did not dispute the facts of this matter.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr McNally had no previous relevant convictions, and that he had admitted the breach. Mr Ydgren also assessed the level of seriousness as being at the lower end of the scale, and referred to a recent case against O where the breach had not been admitted, and where a fine of $200-00 had been imposed.
Mr McNally said that he believed that the breach was at the lower end of the scale.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that the breach was admitted, and Mr McNally’s good record. We also agreed that the breach was at the lower end of seriousness and decided that a fine of $150-00 should be imposed in this case.
JCA Decision Fields (raw)
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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: 1642d402ca13be832d7467d3cbe55499
informantnumber: 69431
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: NZ Metro TC 21 January 2011 - R 1
charge:
Following the running of Race 1, the $50,000 Pick Six Tonight – Starts Race 5 Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr S. R. McNally alleging a breach of Rule 869(2)(c) in that he used his whip outside the sulky confines in this race.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(c) in that Mr McNally in the run home whilst driving “Code of Honour” projected his whip outside the confines of the sulky.”
Rule 869(2)(c) reads as follows.
“(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.”
facts:
Mr McNally 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.
Mr Renault gave evidence and used video coverage of to show that in the straight Mr McNally had used his whip outside the confines of the sulky on several occasions.
Mr McNally did not dispute the facts of this matter.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNally 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 Ydgren advised that Mr McNally had no previous relevant convictions, and that he had admitted the breach. Mr Ydgren also assessed the level of seriousness as being at the lower end of the scale, and referred to a recent case against O where the breach had not been admitted, and where a fine of $200-00 had been imposed.
Mr McNally said that he believed that the breach was at the lower end of the scale.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that the breach was admitted, and Mr McNally’s good record. We also agreed that the breach was at the lower end of seriousness and decided that a fine of $150-00 should be imposed in this case.
penalty:
Accordingly we advised the parties that Mr McNally was fined the sum of $150-00.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: Mr NM Ydgren - Stipendiary Steward
JockeysandTrainer: Mr SR McNally - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1944e273b31bac2ec5a1bd1d68496f88
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fe49ab05b33068463ea0e321c8cd03c4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/01/2011
meet_title: NZ Metro TC - 21 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC