NZ Metro TC 23 December 2010 – R 4
ID: JCA14449
Meet Title:
NZ Metro TC - 23 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2010/12/23
Race Number:
R 4
Decision:
As Mr Mowbray had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing the parties were informed that Mr Mowbray was fined the sum of $150-00.
Charge:
Following the running of Race 4, the KB’s Gluten Free – Cos Ya Hungry Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Graduation Horseman Mr B. K. Mowbray alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that B. Mowbray used his whip unnecessarily on Selester rounding the final bend and early in the run home.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Facts:
Mr Mowbray had indicated on the Information that this breach of the Rules was admitted, and also that he understood the charge and the Rule it was brought under.
Mrs Williams gave evidence and used video coverage to show that “Selester” had dropped out of contention rounding the final bend. At this stage Mr Mowbray had used his whip on several occasions, which in the circumstances was unnecessary.
Mr Mowbray said that he been frustrated that his horse had not shown the ability on the race track that he did at home.
Submissions for Penalty:
In relation to penalty Mrs Williams advised that Mr Mowbray had no relevant previous convictions, and as he had admitted the breach submitted that a fine of $200-00 should be imposed.
It was established that this was Mr Mowbray’s second race day drive, and that he was unlikely to have another drive until 25 January 2010. The question of whether a suspension should be imposed instead of a fine was discussed, but this was not considered to be appropriate in this case.
Mr Mowbray submitted that a fine of $200-00 was excessive.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
We were satisfied that a starting point for a penalty in this case was a fine of $200-00 as submitted by Mrs Williams.
We took into account that Mr Mowbray had admitted this breach and had shown remorse. It was also relevant that it was only his second drive since being granted his Graduation Horseman’s Licence. We also looked at other recent penalties for similar breaches and in particular two cases where a fine of $150-00 had been imposed. Taking all the above matters into account we decided that Mr Mowbray would be fined the sum of $150-00.
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: 850198cc4b7b2ca116d26e301e98639d
informantnumber: 69332
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: NZ Metro TC 23 December 2010 - R 4
charge:
Following the running of Race 4, the KB’s Gluten Free – Cos Ya Hungry Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Graduation Horseman Mr B. K. Mowbray alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that B. Mowbray used his whip unnecessarily on Selester rounding the final bend and early in the run home.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
facts:
Mr Mowbray had indicated on the Information that this breach of the Rules was admitted, and also that he understood the charge and the Rule it was brought under.
Mrs Williams gave evidence and used video coverage to show that “Selester” had dropped out of contention rounding the final bend. At this stage Mr Mowbray had used his whip on several occasions, which in the circumstances was unnecessary.
Mr Mowbray said that he been frustrated that his horse had not shown the ability on the race track that he did at home.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Mowbray 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 Mrs Williams advised that Mr Mowbray had no relevant previous convictions, and as he had admitted the breach submitted that a fine of $200-00 should be imposed.
It was established that this was Mr Mowbray’s second race day drive, and that he was unlikely to have another drive until 25 January 2010. The question of whether a suspension should be imposed instead of a fine was discussed, but this was not considered to be appropriate in this case.
Mr Mowbray submitted that a fine of $200-00 was excessive.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
We were satisfied that a starting point for a penalty in this case was a fine of $200-00 as submitted by Mrs Williams.
We took into account that Mr Mowbray had admitted this breach and had shown remorse. It was also relevant that it was only his second drive since being granted his Graduation Horseman’s Licence. We also looked at other recent penalties for similar breaches and in particular two cases where a fine of $150-00 had been imposed. Taking all the above matters into account we decided that Mr Mowbray would be fined the sum of $150-00.
penalty:
On resuming the hearing the parties were informed that Mr Mowbray was fined the sum of $150-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mrs K R Williams Stipendiary Steward
JockeysandTrainer: Mr B K Mowbray Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ae949cefa85c0dac25cabfc2290ac9f6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9136ae80f07cd9bb536de8902b37152e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/12/2010
meet_title: NZ Metro TC - 23 December 2010
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