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Boxing New Zealand Inc v Kerry Nathan

Overview:

Anti-doping – cannabis – recreational use at cousin’s birthday party 2 weeks before tournament where tested positive after winning NZ women’s boxing championship – Tribunal recently released a Minute announcing it will take a new approach to imposing penalties in future cannabis cases – however infraction in present case occurred before release of Minute – case decided on Karaitiana principles (see SDT 12/06, 28/4/06) – not taken for performance enhancing reasons – remorse expressed – no aggravating circumstances justifying suspension – young age of defendant – Tribunal found credibility in claim of 15 year old defendant that she was guilty of momentary lapse of judgment which failed to take account of consequences of her actions – Boxing NZ acknowledged that defendant usually competes at junior levels and entered senior grade only because no other competitors in her junior grade and there was a possibility that defendant may not have been fully informed on anti-doping issues – warning and reprimand imposed – in accordance with WADA Code and Boxing NZ’s rules, Tribunal ordered that defendant disqualified from event and forfeits title.

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