Archive Decision

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Invercargill HRC 8 November 2020 – R 4 – Chair, Mr N Skelt

ID: JCA10931

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr J Cox - Driver of SACRED MOUNTAIN

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A12742

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Invercargill HRC - 8 November 2020

Meet Chair:
NSkelt

Race Date:
2020/11/08

Race Number:
R 4

Decision:

Mr Cox having admitted the breach the charge was found proved.

Penalty:

Mr Cox is fined the sum of $250.

Facts:

Following the running of Race 4 (no deposit) only $80 a month trot 2200m an Information was filed by Stipendiary Steward Mr V Munro alleging Driver Mr J Cox (Sacred Mountain), breached Rule 869 (3) (b) when he drove carelessly near the 500 mark by shifting ground inwards when insufficiently clear or Maranatha Atlas (B Orange) resulting in sacred mountain sustaining a punctured sulky tyre after contacting the front leg of Maranatha Atlas.

Mr Cox acknowledged he was aware of the rule and confirmed he admitted the breach.

Rule 869 (3) (b) provides:

No driver in any race shall drive carelessly

Mr Munro asked Mr Renault to highlight the incident using the various head on, side on video clips.

Mr Munro stated that Mr Cox had made an error of judgement by moving down too quickly when not clear of Maranatha Atlas resulting in his own horse puncturing a tyre and impacting his chances of finishing in a higher place.

Mr Cox agreed with Mr Munro’s summation of the incident and stated he had simply made an error of judgement.

Submissions for Penalty:

Mr Munro told the Committee that Mr Cox was an extremely busy driver.

He has had 112 drivers to date this current season and last season 347 drives and 6717 life time drives.

He has a clear record under the rule over the past six months.

Mr Munro referred to the penalty guide starting point under this rule as $500 or a ten drive suspension. Mr Munro submitted that the carelessness was at the lower end of the scale and that Mr Cox had admitted the breach and that he had an excellent driving record.

Mr Munro submitted that he would be seeking a fine between the $250 to $300 mark.

Reasons for Penalty:

The penalty guide starting point for this breach of the rule is $500 or a ten day drive suspension.

The Committee believed the breach was at the lower end and also gave Mr Cox credit for the mitigating factors of his early admission of the charge and his excellent driving record.

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: 106a1b2dba26a7655b7d7cc11d90edec


informantnumber: A12742


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 10/11/2020


hearing_title: Invercargill HRC 8 November 2020 - R 4 - Chair, Mr N Skelt


charge:


facts:

Following the running of Race 4 (no deposit) only $80 a month trot 2200m an Information was filed by Stipendiary Steward Mr V Munro alleging Driver Mr J Cox (Sacred Mountain), breached Rule 869 (3) (b) when he drove carelessly near the 500 mark by shifting ground inwards when insufficiently clear or Maranatha Atlas (B Orange) resulting in sacred mountain sustaining a punctured sulky tyre after contacting the front leg of Maranatha Atlas.

Mr Cox acknowledged he was aware of the rule and confirmed he admitted the breach.

Rule 869 (3) (b) provides:

No driver in any race shall drive carelessly

Mr Munro asked Mr Renault to highlight the incident using the various head on, side on video clips.

Mr Munro stated that Mr Cox had made an error of judgement by moving down too quickly when not clear of Maranatha Atlas resulting in his own horse puncturing a tyre and impacting his chances of finishing in a higher place.

Mr Cox agreed with Mr Munro’s summation of the incident and stated he had simply made an error of judgement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Cox having admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Munro told the Committee that Mr Cox was an extremely busy driver.

He has had 112 drivers to date this current season and last season 347 drives and 6717 life time drives.

He has a clear record under the rule over the past six months.

Mr Munro referred to the penalty guide starting point under this rule as $500 or a ten drive suspension. Mr Munro submitted that the carelessness was at the lower end of the scale and that Mr Cox had admitted the breach and that he had an excellent driving record.

Mr Munro submitted that he would be seeking a fine between the $250 to $300 mark.


reasonsforpenalty:

The penalty guide starting point for this breach of the rule is $500 or a ten day drive suspension.

The Committee believed the breach was at the lower end and also gave Mr Cox credit for the mitigating factors of his early admission of the charge and his excellent driving record.


penalty:

Mr Cox is fined the sum of $250.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr J Cox - Driver of SACRED MOUNTAIN


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7ccf53f80da07589a9470a8c7d8a5ab3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a1db84cb55458171614c3f09404ab36c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2020


meet_title: Invercargill HRC - 8 November 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Invercargill HRC