Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

NZ Metro TC 2 May 2014 – R 3

ID: JCA10950

Applicant:
N Ydgren-Stipendiary Steward

Respondent(s):
C R Thornley-Open Horseman

Information Number:
A6136

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869 (3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 2 May 2014

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2014/05/02

Race Number:
R3

Decision:

As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Mr Thornley was fined the sum of $200.

Facts:

Following the running of Race 3, the Seelite Windows & Doors “Super Series” Consulation Handicap Trot, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr CR Thornley alleging a breach of Rule 869(3)(b). The information alleged that he drove carelessly near the 800m when driving YOUNG STRANGER after making contact with the sulky wheel of NEVER FEAR which caused his horse to shift outwards abruptly causing DANKE to break and lose all chance.

Mr Thornley had indicated on the Information that this breach of the Rules was admitted. He had also informed the Stewards that he did not wish to be present at the hearing.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly
:-

Mr Ydgren, assisted by Stipendiary Steward Mr S Wallis, gave evidence and used video coverage to show that near the 800m, YOUNG STRANGER, driven by Mr Thornley, was racing midfield in a 2 wide position trailing NEVER FEAR, driven by Mr P O’Reilly with DANKE, driven M Edmonds in the 3 wide line behind YOUNG STRANGER. Mr Thornley shifted outwards to improve around NEVER FEAR and in doing so struck the sulky wheel of that horse. YOUNG STRANGER over reacted at this contact and shifted out abruptly into the line of DANKE who struck the sulky wheel of YOUNG STRANGER and broke losing all chance.

Submissions for Penalty:

Mr Ydgren informed the Committee that Mr Thornley had been frank in his admission of the breach and that he had a clear record in regard to this Rule. Mr Ydgren submitted that the carelessness was at a low level with the consequences being mid-range as DANKE had been put out of the race Mr Ydgen submitted that a fine of $200 be considered in this case.

Mr Ydgren said that Mr Thornley had informed the Stewards that a fine was preferred as penalty.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Thornley’s frank admission of the breach and his clear record in regard to this Rule. The level of carelessness we assessed as low with the consequences of the carelessness mid-range. In taking the starting point recommended by JCA Penalty Guide of $400 for a breach of this Rule we were able to give Mr Thornley a discount of $100 for his frank admission of the breach and a further discount of $100 for his clear penalty record. The level of carelessness and consequences we determined as neutral. We therefore determined that an appropriate penalty in this case was a fine of $200.

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: 0f4a6e6c74b032d65341a87abcc0730e


informantnumber: A6136


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 06/05/2014


hearing_title: NZ Metro TC 2 May 2014 - R 3


charge:


facts:

Following the running of Race 3, the Seelite Windows & Doors “Super Series” Consulation Handicap Trot, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr CR Thornley alleging a breach of Rule 869(3)(b). The information alleged that he drove carelessly near the 800m when driving YOUNG STRANGER after making contact with the sulky wheel of NEVER FEAR which caused his horse to shift outwards abruptly causing DANKE to break and lose all chance.

Mr Thornley had indicated on the Information that this breach of the Rules was admitted. He had also informed the Stewards that he did not wish to be present at the hearing.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly
:-

Mr Ydgren, assisted by Stipendiary Steward Mr S Wallis, gave evidence and used video coverage to show that near the 800m, YOUNG STRANGER, driven by Mr Thornley, was racing midfield in a 2 wide position trailing NEVER FEAR, driven by Mr P O’Reilly with DANKE, driven M Edmonds in the 3 wide line behind YOUNG STRANGER. Mr Thornley shifted outwards to improve around NEVER FEAR and in doing so struck the sulky wheel of that horse. YOUNG STRANGER over reacted at this contact and shifted out abruptly into the line of DANKE who struck the sulky wheel of YOUNG STRANGER and broke losing all chance.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Ydgren informed the Committee that Mr Thornley had been frank in his admission of the breach and that he had a clear record in regard to this Rule. Mr Ydgren submitted that the carelessness was at a low level with the consequences being mid-range as DANKE had been put out of the race Mr Ydgen submitted that a fine of $200 be considered in this case.

Mr Ydgren said that Mr Thornley had informed the Stewards that a fine was preferred as penalty.


reasonsforpenalty:

In determining penalty, the Committee took into account Mr Thornley’s frank admission of the breach and his clear record in regard to this Rule. The level of carelessness we assessed as low with the consequences of the carelessness mid-range. In taking the starting point recommended by JCA Penalty Guide of $400 for a breach of this Rule we were able to give Mr Thornley a discount of $100 for his frank admission of the breach and a further discount of $100 for his clear penalty record. The level of carelessness and consequences we determined as neutral. We therefore determined that an appropriate penalty in this case was a fine of $200.


penalty:

Mr Thornley was fined the sum of $200.


hearing_type: Hearing


Rules: 869 (3)(b)


Informant: N Ydgren-Stipendiary Steward


JockeysandTrainer: C R Thornley-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3c383e6e838423f5f11404411ebedc0f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8e92e923187c0c55d82b3e3ebfce2684


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/05/2014


meet_title: NZ Metro TC - 2 May 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC