NZ Metro TC 29 April 2016 – R 1 – Chair, Mr R McKenzie
ID: JCA10509
Meet Title:
NZ Metro TC - 29 April 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/04/29
Race Number:
R1
Decision:
Ms Blake having admitted the charge, the charge was found proved.
Penalty:
Ms Blake was fined the sum of $300.
Facts:
Following the running of Race 1, Hydroflow–Bishopdale & Bush Inn TAB’s Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Ms S Blake, alleging that Ms Blake, as the driver of SELESTER in the race, “drove carelessly by allowing her horse to strike the sulky wheel of BILLY JACK (A C White) when she was easing to take a trail, resulting in the outside sulky wheel of BILLY JACK deflating”.
Ms Blake had signed the Statement by the Respondent on the information form indicating that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault showed video replays of the incident, approximately 200 metres after the start of the 2600 metres mobile start event. He pointed out SELESTER, driven by Ms Blake, racing 4-wide at that point with BILLY JACK, driven by Mr White, on her inside. Mr White went forward on BILLY JACK and Ms Blake attempted to ease down onto his back to a 3-wide position but, in doing so, the near front leg of her horse struck the outside tyre of the sulky of BILLY JACK. Mr Renault pointed out Mr White look down and to his right. The tyre was punctured and deflated as a result of being struck and BILLY JACK was later retired from the race. Mr Renault explained that the other tyre of BILLY JACK’s sulky was punctured at a later stage.
Submissions for Penalty:
Mr Renault told the Committee that Ms Blake has a clear record under the careless driving Rule. He said that she drives in nearly all of the races for amateur drivers in the South Island. He referred to the Penalty Guide starting point and submitted that, having regard to Ms Blake’s good record and her admission of the breach, an appropriate penalty was a fine of $300.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine under the Penalty Guide. From that starting point, the Committee was able to give Ms Blake a discount for the two mitigating factors – her admission of the breach and her good driving record under the Rule. The degree of carelessness was at the lower end of the scale involving, in the Committee’s view, a very minor misjudgement. While this was also a mitigating factor, it was offset by the fact that BILLY JACK’s chances were affected.
JCA Decision Fields (raw)
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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: 08a782bbd200a7a7a4cc5575ce822e45
informantnumber: A1672
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 03/05/2016
hearing_title: NZ Metro TC 29 April 2016 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Hydroflow–Bishopdale & Bush Inn TAB’s Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Ms S Blake, alleging that Ms Blake, as the driver of SELESTER in the race, “drove carelessly by allowing her horse to strike the sulky wheel of BILLY JACK (A C White) when she was easing to take a trail, resulting in the outside sulky wheel of BILLY JACK deflating”.
Ms Blake had signed the Statement by the Respondent on the information form indicating that she admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault showed video replays of the incident, approximately 200 metres after the start of the 2600 metres mobile start event. He pointed out SELESTER, driven by Ms Blake, racing 4-wide at that point with BILLY JACK, driven by Mr White, on her inside. Mr White went forward on BILLY JACK and Ms Blake attempted to ease down onto his back to a 3-wide position but, in doing so, the near front leg of her horse struck the outside tyre of the sulky of BILLY JACK. Mr Renault pointed out Mr White look down and to his right. The tyre was punctured and deflated as a result of being struck and BILLY JACK was later retired from the race. Mr Renault explained that the other tyre of BILLY JACK’s sulky was punctured at a later stage.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Blake having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Ms Blake has a clear record under the careless driving Rule. He said that she drives in nearly all of the races for amateur drivers in the South Island. He referred to the Penalty Guide starting point and submitted that, having regard to Ms Blake’s good record and her admission of the breach, an appropriate penalty was a fine of $300.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine under the Penalty Guide. From that starting point, the Committee was able to give Ms Blake a discount for the two mitigating factors – her admission of the breach and her good driving record under the Rule. The degree of carelessness was at the lower end of the scale involving, in the Committee’s view, a very minor misjudgement. While this was also a mitigating factor, it was offset by the fact that BILLY JACK’s chances were affected.
penalty:
Ms Blake was fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: S Blake, Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bb5c241a2074fd5a95831612b2efb43b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6b7f8da382551ed2a4ba25bb80b25049
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/04/2016
meet_title: NZ Metro TC - 29 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC