Archive Decision

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Wyndham HRC 11 November 2012 – R 1

ID: JCA14702

Applicant:
Mr C Allison Stipendiary Steward

Respondent(s):
Mr A Beck Open Horseman

Information Number:
1326

Hearing Type:
Hearing

Rules:
Rule 847(1)

Plea:
admitted

Meet Title:
Wyndham HRC - 11 November 2012

Meet Chair:
NSkelt

Meet Committee Member 1:
GHall

Race Date:
2012/11/11

Race Number:
R1

Decision:

 We find the charge proved.

Penalty:

Mr Beck is fined the sum of $250 and reminded of his professional obligations. 

Charge:

At the conclusion of race 1, an information was laid by Stipendiary Steward, Mr C Allison, alleging Mr A Beck (MR MAYFLY) presented himself into the birdcage without a safety vest. 

Facts:

Mr Allison stated that prior to race 1 Stipendiary Steward Mr N Ydgren questioned Mr Beck as he was presenting himself into the birdcage. He asked Mr Beck whether he was wearing a safety vest and Mr Beck stated that he was not. 

Submissions for Decision:

Mr Beck stated that he had arrived on course in his normal driving clothes but just prior to race 1 the weather conditions changed dramatically, with heavy rain and gusty wind. Mr Beck said he quickly changed into his wet weather gear and, inadvertently in his rush, forgot to put his safety vest back on again. 

Reasons for Decision:

Mr Beck admitted the charge. 

Submissions for Penalty:

Mr Allison stated that Mr Beck had no breaches of this rule or any other rule over the past twelve months. Mr Allison said that he had no record of this rule being breached in the southern region in recent times.

Mr Allison stated that the penalty guide recommended a starting point of a fine of $500. However, in his opinion, this amount was not appropriate in the particular circumstances of this case.

Mr Beck stated that he thought a fine of $500 was “pretty tough”, and that the change in weather conditions had caught him out.

Reasons for Penalty:

Mr Beck did not get out onto the race track without his vest on and, as a result, his personal safety was not compromised. The weather conditions at the time were appalling. There was a sudden storm, which forced Mr Beck to change quickly.

Mr Beck has admitted the breach and he has no breaches under this rule or any other rule in the past twelve months.

We have surveyed the penalty guide with respect to breaches of this rule over the last six years and find the penalties have ranged from fines of $250 to $450.

We are satisfied a penalty at the bottom of this range is appropriate in the unusual circumstances of 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: 723806b0acc42b9c04300b714c33c730


informantnumber: 1326


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/10/2012


hearing_title: Wyndham HRC 11 November 2012 - R 1


charge:

At the conclusion of race 1, an information was laid by Stipendiary Steward, Mr C Allison, alleging Mr A Beck (MR MAYFLY) presented himself into the birdcage without a safety vest. 


facts:

Mr Allison stated that prior to race 1 Stipendiary Steward Mr N Ydgren questioned Mr Beck as he was presenting himself into the birdcage. He asked Mr Beck whether he was wearing a safety vest and Mr Beck stated that he was not. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Beck stated that he had arrived on course in his normal driving clothes but just prior to race 1 the weather conditions changed dramatically, with heavy rain and gusty wind. Mr Beck said he quickly changed into his wet weather gear and, inadvertently in his rush, forgot to put his safety vest back on again. 


reasonsfordecision:

Mr Beck admitted the charge. 


Decision:

 We find the charge proved.


sumissionsforpenalty:

Mr Allison stated that Mr Beck had no breaches of this rule or any other rule over the past twelve months. Mr Allison said that he had no record of this rule being breached in the southern region in recent times.

Mr Allison stated that the penalty guide recommended a starting point of a fine of $500. However, in his opinion, this amount was not appropriate in the particular circumstances of this case.

Mr Beck stated that he thought a fine of $500 was “pretty tough”, and that the change in weather conditions had caught him out.


reasonsforpenalty:

Mr Beck did not get out onto the race track without his vest on and, as a result, his personal safety was not compromised. The weather conditions at the time were appalling. There was a sudden storm, which forced Mr Beck to change quickly.

Mr Beck has admitted the breach and he has no breaches under this rule or any other rule in the past twelve months.

We have surveyed the penalty guide with respect to breaches of this rule over the last six years and find the penalties have ranged from fines of $250 to $450.

We are satisfied a penalty at the bottom of this range is appropriate in the unusual circumstances of this case.


penalty:

Mr Beck is fined the sum of $250 and reminded of his professional obligations. 


hearing_type: Hearing


Rules: Rule 847(1)


Informant: Mr C Allison Stipendiary Steward


JockeysandTrainer: Mr A Beck Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6619be998fdf99925f31b8716c79c49d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair: submitted


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 164fe1fd5ab0ef7cae949e8648c31b46


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2012


meet_title: Wyndham HRC - 11 November 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: GHall


meet_pm2: none


name: Wyndham HRC