Racing precedents

A list of precedents from determinations made by the Racing Penalties Appeal Tribunal.

Appeal no.	Racing type	Applicant	Offence	Precedent	Paragraph	Determination document
857	Greyhound	Maxwell Julian	Conduct		59(i)	.pdf Precedent of decision 857.pdf (1923 KB)
801	Harness	Morgan Lee Woodley	Conduct	There is a positive obligation in Rule 163(2) is on the driver to rejoin the race. If the Driver does not rejoin the race, he or she breaches the Rule?.However, the Stewards did not use the ?not losing of ground? as a piece of evidence on whether..	21,22	.pdf Precedent of decision 801.pdf (1915 KB)
792	Greyhound	Peter Hepple	Conduct	To add to the unique features of the case, despite all of the publicity regarding the permanent banning of Fertagyl, two experienced veterinarians including one who was the on-course vet, were unaware that it had been banned......	19	.pdf Precedent of decision 792.pdf (16120 KB)
785	Harness	Peter O'Neill	Conduct	specificity of the charge	21-22	.pdf Precedent of decision 785.pdf (2916 KB)
784	Thoroughbred	Anthony John Yujnovich	Prohibited substances	However, in my view, the effect of a disqualification on Mr Yujnovich is greater than that on a person without his medical condition. It is a matter personal to him which should be taken into account in fixing the penalty.	Page 9-Medical condition a mitigating factor	.pdf Precedent of decision 784.pdf (3883 KB)
776	Harness	Bruce Stanley	Prohibited substances	7: There can be no innocent explanation in any allegation of an offence against Rule 190. Intent is not an element, and mistake of fact is no excuse. There is no defence available. Rule 190 creates an absolute offence. 10: Retrospectivity of Rules	7, 10	.pdf Precedent of decision 776.pdf (5223 KB) .doc Precedent of decision 776.doc (93 KB)
610	Harness	Gary Edward Hall Jnr	Conduct	After making the above comments, the Chairman went on to invite Mr Hall Jnr to comment on penalty? I rely on that opinion of the Stewards, and as well on the evidence of Mr Hall Jnr and Mr Hall Snr.	5	.pdf Precedent of decision 610.pdf (1747 KB)
605	Thoroughbred	Gordon William O'Donnell	Conduct	The Stewards' reasoning process was correct. An apparatus capable of discharge of electricity? proved by circumstantial evidence. In this case, Mr O'Donnell denied knowledge of three of the four items, and as well denied control.	8 and 13	.pdf Precedent of decision 605.pdf (7634 KB)
594	Thoroughbred	Paul King	Conduct			.pdf Precedent of decision 594.pdf (823 KB)
591	Greyhound	Christopher William Innes	Conduct	The Stewards on the other hand draw my attention to the fact that the Dog Act deems that? a fine of $1,000 having regard to the nature of the offence and what I saw on the video would appear to be manifestly excessive.	4	.pdf Precedent of decision 591.pdf (1127 KB)
590	Thoroughbred	Kristian Hawkins	Conduct	There is also the fact that the Stewards observed the incident. Observation shouldn't be undervalued? and particularly in a case such as this where there is not the best video film available.	3	.pdf Precedent of decision 590.pdf (1157 KB)
585	Thoroughbred	Stephen John Wolfe	Prohibited substances	Whilst Australian Rule 8(g) may not go far enough to authorise post mortems and dismemberment the Stewards? summarise the case which Mr Davies QC presented to the Tribunal on the matters addressed by these two grounds.	4 and 13 and 16 (Mr D Mossenson)	.pdf Precedent of decision 585.pdf (12720 KB)
577	Thoroughbred	Daniel Staeck	Conduct	I agree that Miller (Appeal 413) sets out the test regarding Rule 135(b) and applies the case of Honan? The rider's tactic was so unreasonable as to be culpable in all of the circumstances of this particular case.	3	.pdf Precedent of decision 577.pdf (1129 KB)
572	Thoroughbred	Daniel Staeck	Conduct	The general principles which apply in this review of penalty include those recently expressed by the Presiding Member in King? is manifestly excessive, or in other words, outside the range of penalties commonly imposed for offences of its type.	2 (Mr A Monisse)	.pdf Precedent of decision 572.pdf (655 KB)
570	Thoroughbred	John James Miller Jnr	Prohibited substances	Cimetidine is undoubtedly a prohibited substance under the Rules. It must not be administered and found in a race? record, is or should be regarded as functus officio once it has decided an appeal.	13 - 29 (Mr D Mossenson - 21-08-02) and 3 - 11 (Mr D Mossenson - 17-06-03)	.pdf Precedent of decision 570.pdf (6470 KB)
569	Greyhound	Pamela Anne Julien	Leave to appeal	I am satisfied that premises, within the meaning of Rule 180(2), does not ? Local Government Act 1993 (NSW) premises were considered to include those yards that surrounded a house).	6	.pdf Precedent of decision 569.pdf (1947 KB)
567	Thoroughbred	Alana Sansom	Conduct	It should not be taken that the process of fixing a penalty would in every case? proper penalty. there simply needs to be a starting point and a finishing point.	4	.pdf Precedent of decision 567.pdf (1089 KB)
565	Thoroughbred	Paul King	Conduct	The correct approach in considering penalty on appeal does not involve precise comparison with other cases? I have used the terminology of sub-categories of culpable riding. However, the issue did not squarely arise for determination in that case.	4	.pdf Precedent of decision 565.pdf (1628 KB)
558	Thoroughbred	Maxwell Keith Roney	Conduct	In my opinion, the request made of Mr Roney was unlawful. It was unlawful because Mr Roney? Certainly Mr Roney failed to obey the direction of Mr O'Reilly. But the direction was not a proper one. For that reason, ground 1 is made out.	7	.pdf Precedent of decision 558.pdf (2300 KB)
556	Thoroughbred	Dean Capelli Neven Botica Gary Johnson	Prohibited substances	In my opinion, consistent with what is said in Bhardwaj, it is necessary first? They had discretion as to whether or not to disqualify, because Rule 177 is expressed in discretionary rather than in mandatory terms.	6 (8/07/05), 2 (25/02/02)	.pdf Precedent of decision 556.pdf (5077 KB)
555	Thoroughbred	Daniel Staeck	Conduct	There is no room in racing for licensed persons to engage in fisticuffs anywhere ata a race course? However, it is far from 'a most serious' offence as the Stewards claimed, when compared to some others. There is merit in the second ground of appeal.	4	.pdf Precedent of decision 555.pdf (942 KB)
553	Greyhound	Wayne Rose	Conduct	I am satisfied in all circumstances Mr Rose's language was not improper. The expression of disappointment in? Sestich (Appeal 469), where the appeal succeeded against the conviction, Claite (Appeal 501) and Hawkins (Appeal 522).	4	.pdf Precedent of decision 553.pdf (1297 KB)
549	Thoroughbred	Elizabeth Strempel	Prohibited substances	Secondly as a matter of policy, the evidence should be given little weight. That is because? measurement or doubt about the reliability of the analysis process by the laboratories which carry out the testing.	8 (Mr Hogan) and 2 (Mr D Mossenson)	.pdf Precedent of decision 549.pdf (5904 KB)
547	Thoroughbred	Paul James Harvey	Conduct	There may be some cases coming before the Tribunal where reference to an objection transcript does have ? proving guilt to the requisite standard (Errol Warren Bartlett-Torr v John Graham Magden WASC Appeal No 1081 of 1993).	2 and 5	.pdf Precedent of decision 547.pdf (3760 KB)
541	Harness	Glen David Richards	Conduct	I do not agree with the proposition put forward by Mr Margaretic, counsel for the appellant, that a charge under Rule 243 could not? suggestion that such use caused suffering (and not injury) to the horses in question.	5	.pdf Precedent of decision 541.pdf (2189 KB)
189	Thoroughbred	Colin Cousins	Conduct	In all the circumstances the Tribunal is of the view that the penalty imposed was excessive. This is so particularly? be reduced to one of three months disqualification and to that extent this appeal against penalty is allowed.	3	.pdf Precedent of decision 189.pdf (183 KB)
143	Thoroughbred	Dan Miller	Conduct	Mr Brockman's evidence supports this action and the Stewards concede that the use of the whip is not an essential element... wrongly based and that the Appellant rode the horse out to the finish even though he had ceased to use the whip.	2	.pdf Precedent of decision 143.pdf (106 KB)
139	Harness	Colin David Brown	Conduct	The Tribunal is satisfied that the Stewards are entitled to run their inquiries as they choose,? Stewards are empowered to fulfil various and inconsistent roles, does not constitute an infringement of the rules of natural justice.	2	.pdf Precedent of decision 139.pdf (157 KB)
137	Thoroughbred	Kay Miller	Prohibited substances	When we examine the evidence as to the procedure for feeding the horses in the Appellant's stables we detect? standards" (see Pyrah and Wilson per Mr K A Cullinane Q.C. Queensland reported in Racing Appeals Reports at page 175.)	2	.pdf Precedent of decision 137.pdf (184 KB)
133	Thoroughbred	Frank Maynard	Prohibited substances	The matter was remitted to the Tribunal to be dealt with in accordance with the reasons for? a code to regulate the domestic affairs of the racing industry and do not constitute statutory provisions or regulations.	1 (25-05-94) and 2 (6-07-93)	.pdf Precedent of decision 133.pdf (358 KB)
130	Thoroughbred	Edward Montgomery	Conduct	The Committee's decision to revoke the applicant's licence to train prevented him from pursuing his livelihood? he was given no opportunity to be heard and had no opportunity to refute the adverse allegations against him.	2	.pdf Precedent of decision 130.pdf (114 KB)
126	Harness	Trevor Warwick	Prohibited substances	Under Rule 364A the onus is upon the trainer to satisfy the stewards that he took all reasonable and proper precautions to prevent administration of a drug...	5-Jun	.pdf Precedent of decision 126.pdf (922 KB)
116	Thoroughbred	Allan John Watson	Prohibited substances	It is the unanimous decision of the Tribunal that upon consideration of the detailed submission made? decided cases are persuasive. We do not find any reason to depart from the applied wisdom of these authorities.	2	.pdf Precedent of decision 116.pdf (86 KB)
115	Harness	Avon Macomish	Prohibited substances	?In his detailed reasons for decision His Honour Chief Justice Malcom identified the approach which was above the level which had been prescribed by the Controlling Body?	7-11 (D Mossenson Reasons)	.pdf Precedent of decision 115.pdf (837 KB)
106	Thoroughbred	John Macmillan	Prohibited substances	The fact that there appears to be no industry guidelines regarding supervision,... Despite the lack of guidelines, the Tribunal has come to the conclusion that the appeal should fail.	2	.pdf Precedent of decision 106.pdf (141 KB)
017	Thoroughbred	George Lionel Way Jnr	Prohibited substances	I accept the submission of Counsel for the respondent that on race days horses should be supervised more closely than on days when? evidence establishes that he was careless or indifferent in relation to the two horses in question.	24	.pdf Precedent of decision 017.pdf (724 KB)
003	Greyhound	James Andrew Millsteed	Conduct	The appellant should have been given the opportunity of presenting his defence; and...	3	.pdf Precedent of decision 003.pdf (86 KB)
002	Greyhound	Maxwell Roy Taylor	Conduct	Although it is not necessary for the decision the Tribunal finds, on the basis of information presented that the hearing which took place before the Stewards in this matter was not a fair hearing....,	2	.pdf Precedent of decision 002.pdf (87 KB)
001	Greyhound	Michael Lawrence Lane	Conduct	Upon a proper consideration of all the relevant factors including:? the suspension should be varied so that it shall operate from 13 April 1991 and shall terminate at midnight on 26 April 1991.	3	.pdf Precedent of decision 001.pdf (80 KB)

Page reviewed 18 July 2022

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