Archive Decision

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Rangiora HRC 14 August 2011 – R 4

ID: JCA11091

Applicant:
Mrs K. R. Williams - Stipendiary Steward

Respondent(s):
Mr W. E. Higgs - Licensed Trainer

Information Number:
66844

Hearing Type:
Hearing

Rules:
Rule 865(2)

Plea:
admitted

Meet Title:
Rangiora HRC - 14 August 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2011/08/14

Race Number:
R4

Decision:

The charge was found to be proved.

Penalty:

Mr Higgs was fined the sum of $150-00.

Charge:

Alleged gear change without notification.

Facts:

Stipendiary Steward Mrs K. R. Williams filed an information against Licensed Trainer Mr W. E. Higgs alleging a breach of Rule 865(2). It was alleged that Mr Higgs, the trainer of “Jackaroo Bromac” (12), which started in Race 4, the Islington Tavern Mobile Pace, presented his horse into the assembly area with half b,inds which had not been notified.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that you failed to advise that “Jackaroo Bromac” would be racing with half blinds on”.
Rule 865(2) reads as follows.
“(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).”
Mr Higgs had indicated on the Information that this breach of the Rules was admitted and also that he did not wish to attend the hearing.

Submissions for Decision:

Mrs Williams gave evidence regarding the non-notification of this gear change as set out in the Information.

Reasons for Decision:

As Mr Higgs had admitted this breach it was found to be proved in accordance with Rules 1110 and 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mrs Williams advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr Higgs third breach of this Rule in the last 365 days, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr Higgs third breach of this Rule in the last six months Mrs Williams submitted that the fine should be more than the $100-00 provided for under the Minor Infringement Notice system.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account that this was Mr Higgs third breach of this Rule in the last 365 days. We were satisfied that a fine of $150-00 should be imposed in this case.

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: 1607d79673f65eeaa072e65142ac17bc


informantnumber: 66844


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/08/2011


hearing_title: Rangiora HRC 14 August 2011 - R 4


charge:

Alleged gear change without notification.


facts:

Stipendiary Steward Mrs K. R. Williams filed an information against Licensed Trainer Mr W. E. Higgs alleging a breach of Rule 865(2). It was alleged that Mr Higgs, the trainer of “Jackaroo Bromac” (12), which started in Race 4, the Islington Tavern Mobile Pace, presented his horse into the assembly area with half b,inds which had not been notified.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 865(2) in that you failed to advise that “Jackaroo Bromac” would be racing with half blinds on”.
Rule 865(2) reads as follows.
“(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).”
Mr Higgs had indicated on the Information that this breach of the Rules was admitted and also that he did not wish to attend the hearing.


appealdecision:


isappeal:


submissionsfordecision:

Mrs Williams gave evidence regarding the non-notification of this gear change as set out in the Information.


reasonsfordecision:

As Mr Higgs had admitted this breach it was found to be proved in accordance with Rules 1110 and 1111(1)(d).


Decision:

The charge was found to be proved.


sumissionsforpenalty:

In relation to penalty Mrs Williams advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr Higgs third breach of this Rule in the last 365 days, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. As this was Mr Higgs third breach of this Rule in the last six months Mrs Williams submitted that the fine should be more than the $100-00 provided for under the Minor Infringement Notice system.


reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account that this was Mr Higgs third breach of this Rule in the last 365 days. We were satisfied that a fine of $150-00 should be imposed in this case.


penalty:

Mr Higgs was fined the sum of $150-00.


hearing_type: Hearing


Rules: Rule 865(2)


Informant: Mrs K. R. Williams - Stipendiary Steward


JockeysandTrainer: Mr W. E. Higgs - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 07f3b84283261d4285cfe4daa6b86cda


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 625da448ec25fde21219bffe44f89c8c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/08/2011


meet_title: Rangiora HRC - 14 August 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: KHales


meet_pm2: none


name: Rangiora HRC