NZ Metro TC 31 July 2015 – R 8 – Chair, Mr S Ching
ID: JCA11142
Meet Title:
NZ Metro TC - 31 July 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/07/31
Race Number:
R8
Decision:
As Mr Houghton had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Houghton was fined the sum of $300.
Facts:
Following the running of Race 8, the Charter Transport Mobile Pace, an information was filed by Co-Chief Stipendiary Steward Mr N McIntyre against Open Horseman Mr R Houghton, alleging a breach of Rule 869(3) (b) in that he drove carelessly when driving EXTRA GUINNESS near the 350m, by shifting inwards when not clear of SMACKWATER, driven by Mr C Driver, causing that horse to break.
Mr Houghton had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Houghton also confirmed that he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr McIntyre gave evidence and used video coverage to show that near the 350m Mr Houghton, driving EXTRA GUINNESS, was racing one off the pylons and in the trail of the horse in the one-one position. He said that the horse immediately ahead of EXTRA GUINNESS began to tire and Mr Houghton, when starved for a run, shifted inwards in order to take up a position on the pylons in front of SMACKWATER JACK, driven by Mr C Driver. Mr McIntyre stated that Mr Houghton was not clear in this manoeuvre and clipped the front legs of SMACKWATER JACK when shifting down causing that horse to break.
Mr Houghton stated that EXTRA GUINNESS was a young inexperienced horse and once he had seen daylight inside the tiring horse he was trailing, his horse shifted inwards quicker than he anticipated putting pressure on Mr Driver’s horse. He also said that he thought SMACKWATER JACK was not traveling and he believed there was sufficient room to shift down.
Submissions for Penalty:
Mr McIntyre informed the Committee that Mr Houghton had a clear record and credit should be given for his ready admission of the breach. Mr McIntyre said that Mr Houghton had driven on 46 ocassions so far this season and submitted that the breach was mid- range in the level of carelessness with the consequences being mid to high. Mr McIntyre stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mr McIntyre submitted that a suspension of 3 to 4 days or a fine commensurate with a suspension of that length be considered as penalty in this case.
Mr Houghton submitted that he would prefer a fine as penalty.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Houghton’s ready admission of the breach and his good record as mitigating factors. The Committee considered this breach to be mid-range and determined that a fine would be an appropriate penalty in this case. In taking the JCA Penalty Guide starting point of $500 we were able to give Mr Houghton a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that a fine of $300 was an appropriate penalty in this case.
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: 1f1ec83e1651b80fa7e64bdf425175aa
informantnumber: A7703
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 07/08/2015
hearing_title: NZ Metro TC 31 July 2015 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Charter Transport Mobile Pace, an information was filed by Co-Chief Stipendiary Steward Mr N McIntyre against Open Horseman Mr R Houghton, alleging a breach of Rule 869(3) (b) in that he drove carelessly when driving EXTRA GUINNESS near the 350m, by shifting inwards when not clear of SMACKWATER, driven by Mr C Driver, causing that horse to break.
Mr Houghton had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Houghton also confirmed that he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr McIntyre gave evidence and used video coverage to show that near the 350m Mr Houghton, driving EXTRA GUINNESS, was racing one off the pylons and in the trail of the horse in the one-one position. He said that the horse immediately ahead of EXTRA GUINNESS began to tire and Mr Houghton, when starved for a run, shifted inwards in order to take up a position on the pylons in front of SMACKWATER JACK, driven by Mr C Driver. Mr McIntyre stated that Mr Houghton was not clear in this manoeuvre and clipped the front legs of SMACKWATER JACK when shifting down causing that horse to break.
Mr Houghton stated that EXTRA GUINNESS was a young inexperienced horse and once he had seen daylight inside the tiring horse he was trailing, his horse shifted inwards quicker than he anticipated putting pressure on Mr Driver’s horse. He also said that he thought SMACKWATER JACK was not traveling and he believed there was sufficient room to shift down.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Houghton had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr McIntyre informed the Committee that Mr Houghton had a clear record and credit should be given for his ready admission of the breach. Mr McIntyre said that Mr Houghton had driven on 46 ocassions so far this season and submitted that the breach was mid- range in the level of carelessness with the consequences being mid to high. Mr McIntyre stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mr McIntyre submitted that a suspension of 3 to 4 days or a fine commensurate with a suspension of that length be considered as penalty in this case.
Mr Houghton submitted that he would prefer a fine as penalty.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Houghton’s ready admission of the breach and his good record as mitigating factors. The Committee considered this breach to be mid-range and determined that a fine would be an appropriate penalty in this case. In taking the JCA Penalty Guide starting point of $500 we were able to give Mr Houghton a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that a fine of $300 was an appropriate penalty in this case.
penalty:
Mr Houghton was fined the sum of $300.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N McIntyre- Co-Chief Stipendiary Steward
JockeysandTrainer: R Houghton- Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: aae15973faea445ef062e60ed36428b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9767cd5b3d47c5585ff3f87cd9cdf9b2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/07/2015
meet_title: NZ Metro TC - 31 July 2015
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