Archive Decision

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NZ Metro TC 24 April 2014 – R 1

ID: JCA11777

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
S Blake, Licensed Advance Amateur Driver

Information Number:
A6130

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 24 April 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2014/04/24

Race Number:
R1

Decision:

Ms Blake having admitted the breach, the charge was found proved.

Penalty:

Ms Blake was fined the sum of $150.00.

Facts:

Following the running of Race 1, Bishopdale & Bush Inn TAB’s & Tavern Harewood Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advance Amateur Driver, Ms S Blake, alleging that Ms Blake, as the driver of SELESTER in the race, “drove carelessly near the 700 metres when contacting the sulky wheel of CABO WABO (R A Reekie)”.

Ms Blake was present at the hearing of the information, and she indicated that she admitted the breach.

Rule 869 provides as follows:

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

Submissions for Decision:

Mr Ydgren said that Ms Blake had driven carelessly in that, up to the point her horse contacted the sulky wheel of CABO WABO (R A Reekie), Ms Blake had attempted to drive her horse forward with the whip and reins from the 800 metres. She had got close to the wheel and had “grabbed up” but her effort was “too little, too late”, Mr Ydgren submitted. Ms Blake had got herself in a position where she was close to Mr Reekie’s wheel and the horse had responded, somewhat belatedly, to her urgings and, possibly, taken her by surprise. Stewards required drivers to be more aware in such situations, Mr Ydgren said.

Ms Blake said that her horse had been finishing on well but has been losing contact in its recent races. She expected that, being on the back of Mr Reekie, she would be taken forward but was taken by surprise when Mr Reekie did not go forward “at any great pace”. She had been instructed by the horse’s trainer to keep the horse up and not lose its position on the back of the horse in front, Ms Blake said.

Submissions for Penalty:

Mr Ydgren referred to the Penalty Guide which suggested a starting point for penalty for a breach of the Rule of a fine of $400 or 8 drives. This was the first occasion on which Ms Blake had been charged with a breach of the Rule, he said.

Ms Blake’s carelessness had not resulted in a relegation, Mr Ydgren said. He submitted that a fine of $200 would be an appropriate penalty.

Ms Blake told the Committee that this was her second season of driving in amateur totalisator races. She confirmed that she was in a position to pay a fine. She would not wish to receive a suspension as she was possibly competing in the New Zealand Championships at the end of May.

Reasons for Penalty:

In determining penalty for this breach, the Committee took into account, firstly, Ms Blake’s very frank admission of the breach, secondly, her previous good record and, thirdly, that the breach was at the lower end of carelessness with minimal consequences arising from it. The Committee also had regard to the fact that Ms Blake was an amateur driver. In all of the circumstances, the Committee was prepared to extend some leniency to Ms Blake. A suspension was not called for. 

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: 31bac228a92052cef59f6216c7a9643c


informantnumber: A6130


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/04/2014


hearing_title: NZ Metro TC 24 April 2014 - R 1


charge:


facts:

Following the running of Race 1, Bishopdale & Bush Inn TAB’s & Tavern Harewood Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advance Amateur Driver, Ms S Blake, alleging that Ms Blake, as the driver of SELESTER in the race, “drove carelessly near the 700 metres when contacting the sulky wheel of CABO WABO (R A Reekie)”.

Ms Blake was present at the hearing of the information, and she indicated that she admitted the breach.

Rule 869 provides as follows:

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren said that Ms Blake had driven carelessly in that, up to the point her horse contacted the sulky wheel of CABO WABO (R A Reekie), Ms Blake had attempted to drive her horse forward with the whip and reins from the 800 metres. She had got close to the wheel and had “grabbed up” but her effort was “too little, too late”, Mr Ydgren submitted. Ms Blake had got herself in a position where she was close to Mr Reekie’s wheel and the horse had responded, somewhat belatedly, to her urgings and, possibly, taken her by surprise. Stewards required drivers to be more aware in such situations, Mr Ydgren said.

Ms Blake said that her horse had been finishing on well but has been losing contact in its recent races. She expected that, being on the back of Mr Reekie, she would be taken forward but was taken by surprise when Mr Reekie did not go forward “at any great pace”. She had been instructed by the horse’s trainer to keep the horse up and not lose its position on the back of the horse in front, Ms Blake said.


reasonsfordecision:


Decision:

Ms Blake having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren referred to the Penalty Guide which suggested a starting point for penalty for a breach of the Rule of a fine of $400 or 8 drives. This was the first occasion on which Ms Blake had been charged with a breach of the Rule, he said.

Ms Blake’s carelessness had not resulted in a relegation, Mr Ydgren said. He submitted that a fine of $200 would be an appropriate penalty.

Ms Blake told the Committee that this was her second season of driving in amateur totalisator races. She confirmed that she was in a position to pay a fine. She would not wish to receive a suspension as she was possibly competing in the New Zealand Championships at the end of May.


reasonsforpenalty:

In determining penalty for this breach, the Committee took into account, firstly, Ms Blake’s very frank admission of the breach, secondly, her previous good record and, thirdly, that the breach was at the lower end of carelessness with minimal consequences arising from it. The Committee also had regard to the fact that Ms Blake was an amateur driver. In all of the circumstances, the Committee was prepared to extend some leniency to Ms Blake. A suspension was not called for. 


penalty:

Ms Blake was fined the sum of $150.00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: S Blake, Licensed Advance Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 443802309ee21e5433c4e724c559b9aa


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: 106ce1a335aec9de0a97399e4af5e865


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/04/2014


meet_title: NZ Metro TC - 24 April 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC