NZ Metro TC – 25 July 2008 – Race 5
ID: JCA20815
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 25 July 2008
Race Date:
2008/07/25
Race Number:
Race 5
Decision: Following the running of Race 5, the Derek Jones Memorial 3YO Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. E. Veint, driver of “Sea King” (5), alleging a breach of Rule 869(3)(b).
DECISION AND REASONS:
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Following the running of Race 5, the Derek Jones Memorial 3YO Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. E. Veint, driver of “Sea King” (5), alleging a breach of Rule 869(3)(b). The charge was that Mr Veint drove carelessly after about 250 metres resulting in “Mackles Creek” (2) striking the wheel on “Sea King’s” sulky and also causing interference to “Pablito” (10) and “Barmy Army” (11).
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Mr Veint had indicated on the information that he admitted this breach of the Rules and he confirmed that at the hearing. He also agreed that he understood the nature of the charge and the Rule it was brought under.
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Video coverage of this incident was shown.
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Penalty:
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In relation to penalty Mr McIntyre advised that Mr Veint had two previous convictions for a breach of this Rule, having been fined $200-00 in December 2007, and $250-00 in April 2008. Mr McIntyre also said that it should also be taken into account that Mr Veint had admitted the breach, was a Junior Driver, and had been remorseful over the incident. Mr McIntyre also referred to the “Penalty Guide” and recommended a fine in the range between $300-00 and $400-00.
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It was raised with Mr Veint whether he would prefer a suspension to a fine, but he advised that he would prefer a fine.
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After adjourning to consider the matter of penalty the hearing was resumed and I gave the following oral decision on penalty.
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“A fine of $400-00 and/or a suspension would be an appropriate starting point for a penalty for a breach of this Rule. Then aggravating and mitigating circumstances need to be taken into account. The aggravating factor is the two previous convictions under this Rule since December 2007. To Mr Veint’s credit he has admitted the breach and expressed remorse.
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In this case I have decided that a fine of $350-00 is appropriate, and Mr Veint is fined this amount.”
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________________
--J. M. Phelan
--Chairman
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: 9c11dbb8f00fe5569110235b17f88850
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/07/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 25 July 2008 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 5, the Derek Jones Memorial 3YO Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. E. Veint, driver of “Sea King” (5), alleging a breach of Rule 869(3)(b).DECISION AND REASONS:
----
Following the running of Race 5, the Derek Jones Memorial 3YO Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. E. Veint, driver of “Sea King” (5), alleging a breach of Rule 869(3)(b). The charge was that Mr Veint drove carelessly after about 250 metres resulting in “Mackles Creek” (2) striking the wheel on “Sea King’s” sulky and also causing interference to “Pablito” (10) and “Barmy Army” (11).
----
Mr Veint had indicated on the information that he admitted this breach of the Rules and he confirmed that at the hearing. He also agreed that he understood the nature of the charge and the Rule it was brought under.
----
Video coverage of this incident was shown.
----
Penalty:
----
In relation to penalty Mr McIntyre advised that Mr Veint had two previous convictions for a breach of this Rule, having been fined $200-00 in December 2007, and $250-00 in April 2008. Mr McIntyre also said that it should also be taken into account that Mr Veint had admitted the breach, was a Junior Driver, and had been remorseful over the incident. Mr McIntyre also referred to the “Penalty Guide” and recommended a fine in the range between $300-00 and $400-00.
----
It was raised with Mr Veint whether he would prefer a suspension to a fine, but he advised that he would prefer a fine.
----
After adjourning to consider the matter of penalty the hearing was resumed and I gave the following oral decision on penalty.
----
“A fine of $400-00 and/or a suspension would be an appropriate starting point for a penalty for a breach of this Rule. Then aggravating and mitigating circumstances need to be taken into account. The aggravating factor is the two previous convictions under this Rule since December 2007. To Mr Veint’s credit he has admitted the breach and expressed remorse.
----
In this case I have decided that a fine of $350-00 is appropriate, and Mr Veint is fined this amount.”
----
--
--
--
--
________________
--J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 155da4af0b4a64d4e62964d6c9894a7e
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: 0383385b79979519ee9eb1af900ec228
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/07/2008
meet_title: NZ Metro TC - 25 July 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC