Archive Decision

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Rangiora HRC 22 September 2011 – R 4

ID: JCA13151

Applicant:
Mr AL Ray - Stipendiary Steward

Respondent(s):
MR RJ Dunn - Licensed Trainer

Information Number:
69231

Hearing Type:
Hearing

Rules:
865(2)

Plea:
admitted

Meet Title:
Rangiora HRC - 22 September 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
SChing

Race Date:
2011/09/22

Race Number:
R4

Decision:

As Mr Dunn had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

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

Charge:

Alleged gear change without notification.

Facts:

Stipendiary Steward Mr A. L. Ray filed an information against Licensed Trainer Mr R. J. Dunn alleging a breach of Rule 865(2). It was alleged that Mr Dunn, the trainer of “Mach Banner” (8), which started in Race 4, the Peter Rennell Memorial Handicap Pace, presented his horse without the notified pull down blinds.
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 notify that “Mach Banner” would be presented without pull down blinds.”
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 J. R. Dunn, as agent for Mr R. J. Dunn, 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:

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

Submissions for Penalty:

In relation to penalty Mr Ray advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr Dunn’s fourth breach of this Rule since 12 October 2010, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. Mr Ray pointed out that two of these previous breaches occurred in October 2010, which is nearly a year ago. As this was Mr Dunn’s fourth breach of this Rule in the last 365 days Mr Ray submitted that a fine of $150-00 should be imposed in this case.

Reasons for Penalty:

In considering the matter of an appropriate penalty we took into account that this was Mr Dunn’s fourth conviction under this Rule in the last 365 days, but we also took into account that two of these breaches occurred nearly a year ago. This is an unacceptable record by Mr Dunn. We decided that a fine of $150-00 would be appropriate 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: 4a79af6ae72876880eb7ca68c3476fcf


informantnumber: 69231


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2011


hearing_title: Rangiora HRC 22 September 2011 - R 4


charge:

Alleged gear change without notification.


facts:

Stipendiary Steward Mr A. L. Ray filed an information against Licensed Trainer Mr R. J. Dunn alleging a breach of Rule 865(2). It was alleged that Mr Dunn, the trainer of “Mach Banner” (8), which started in Race 4, the Peter Rennell Memorial Handicap Pace, presented his horse without the notified pull down blinds.
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 notify that “Mach Banner” would be presented without pull down blinds.”
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 J. R. Dunn, as agent for Mr R. J. Dunn, 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:

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


reasonsfordecision:


Decision:

As Mr Dunn had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mr Ray advised that a breach of Rule 865(2) was usually dealt with under the Minor Infringement Notice system. However, this was Mr Dunn’s fourth breach of this Rule since 12 October 2010, and under the provisions of Rule 1105A(3)(c) it was necessary to file an Information on this occasion. Mr Ray pointed out that two of these previous breaches occurred in October 2010, which is nearly a year ago. As this was Mr Dunn’s fourth breach of this Rule in the last 365 days Mr Ray submitted that a fine of $150-00 should be imposed in this case.


reasonsforpenalty:

In considering the matter of an appropriate penalty we took into account that this was Mr Dunn’s fourth conviction under this Rule in the last 365 days, but we also took into account that two of these breaches occurred nearly a year ago. This is an unacceptable record by Mr Dunn. We decided that a fine of $150-00 would be appropriate in this case.


penalty:

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


hearing_type: Hearing


Rules: 865(2)


Informant: Mr AL Ray - Stipendiary Steward


JockeysandTrainer: MR RJ Dunn - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: cdde69e23268a06e5551a2fadc36d9ef


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: d6e80cdd9bc2050695973897d5e604cb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/09/2011


meet_title: Rangiora HRC - 22 September 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: SChing


meet_pm2: none


name: Rangiora HRC