Archive Decision

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HR Waikato 28 January 2016 – R 1 – Chair, Mr B Scott

ID: JCA10883

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Miss M Northcott - Licenced Amateur Horsewoman

Information Number:
A3690

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 28 January 2016

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2016/01/28

Race Number:
R1

Decision:

The charge is admitted and is therefore upheld.

Penalty:

This Committee imposes a fine of $200.00 on Ms Northcott.

Facts:

Following the running of the HARNESS JEWELLS CAMBRIDGE JUNE 4 AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licenced Amateur Horsewoman Ms M Northcott alleging that Ms Northcott drove her horse EASY FOR CULLEN carelessly near the 500 metres mark by allowing her horse to strike the offside sulky wheel of SPEAK UP.

Ms Northcott was present at the Hearing and she advised the Committee that she understood the Rule and that she admitted the breach.

Mr Muirhead demonstrated the incident by use of the race films and showed where EASY FOR CULLEN was in the one/one position behind SPEAK UP and with about 500 metres to run Ms Northcott moved from behind that horse to go around it. In doing so she hit the offside wheel of SPEAK UP's sulky and punctured the tyre thereby causing interference to SPEAK UP.

Ms Northcott said that at the time of the incident "SPEAK UP was tiring a little and came back on me a touch".

Submissions for Penalty:

Mr Muirhead said that the incident was at the low end of the scale and he also said that Ms Northcott had a good record and should be given credit for that as well as her admission of the breach.

He said that  notwithstanding that the JCA Guidelines provide for a starting point penalty of suspension of Licence for 8 drives or a $400.00 fine the Stewards believed that a fine of $200.00 would be appropriate.

Ms Northcott agreed with Mr Muirhead's submissions and said that a $200.00 fine was "probably alright".

Reasons for Penalty:

The Committee has listened to the parties and viewed the films from several angles. We agree with Mr Muirhead that the incident is at the lower end of the scale although an aggravating factor is that the tyre on SPEAK UP's sulky was punctured. We don't believe however that it affected that horse's chances.

We note the starting point penalties in the JCA Guidelines and we have given Ms Northcott credit for her admission of the breach, her good record, the degree of seriousness and also the fact that she is an Amateur Driver (albeit an experienced one).

We believe that the level of fine submitted by Mr Muirhead is appropriate.

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: 0510288c52b833b293fc2c01371f510e


informantnumber: A3690


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 01/02/2016


hearing_title: HR Waikato 28 January 2016 - R 1 - Chair, Mr B Scott


charge:


facts:

Following the running of the HARNESS JEWELLS CAMBRIDGE JUNE 4 AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licenced Amateur Horsewoman Ms M Northcott alleging that Ms Northcott drove her horse EASY FOR CULLEN carelessly near the 500 metres mark by allowing her horse to strike the offside sulky wheel of SPEAK UP.

Ms Northcott was present at the Hearing and she advised the Committee that she understood the Rule and that she admitted the breach.

Mr Muirhead demonstrated the incident by use of the race films and showed where EASY FOR CULLEN was in the one/one position behind SPEAK UP and with about 500 metres to run Ms Northcott moved from behind that horse to go around it. In doing so she hit the offside wheel of SPEAK UP's sulky and punctured the tyre thereby causing interference to SPEAK UP.

Ms Northcott said that at the time of the incident "SPEAK UP was tiring a little and came back on me a touch".


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted and is therefore upheld.


sumissionsforpenalty:

Mr Muirhead said that the incident was at the low end of the scale and he also said that Ms Northcott had a good record and should be given credit for that as well as her admission of the breach.

He said that  notwithstanding that the JCA Guidelines provide for a starting point penalty of suspension of Licence for 8 drives or a $400.00 fine the Stewards believed that a fine of $200.00 would be appropriate.

Ms Northcott agreed with Mr Muirhead's submissions and said that a $200.00 fine was "probably alright".


reasonsforpenalty:

The Committee has listened to the parties and viewed the films from several angles. We agree with Mr Muirhead that the incident is at the lower end of the scale although an aggravating factor is that the tyre on SPEAK UP's sulky was punctured. We don't believe however that it affected that horse's chances.

We note the starting point penalties in the JCA Guidelines and we have given Ms Northcott credit for her admission of the breach, her good record, the degree of seriousness and also the fact that she is an Amateur Driver (albeit an experienced one).

We believe that the level of fine submitted by Mr Muirhead is appropriate.


penalty:

This Committee imposes a fine of $200.00 on Ms Northcott.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Miss M Northcott - Licenced Amateur Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 321eb50e57871844f1e5721d9d76eeb0


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: a46a4414b2a76c06811eba83d8c831fe


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/01/2016


meet_title: Harness Racing Waikato - 28 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato