Archive Decision

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Geraldine TC 28 November 2015 – R 7 – Chair, Mr S Ching

ID: JCA12068

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Miss J Young - Junior Horsewoman

Information Number:
A3633

Hearing Type:
Hearing

New Charge:
Caresless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Geraldine TC - 28 November 2015

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2015/11/28

Race Number:
R 7

Decision:

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

Penalty:

Miss Young was fined the sum of $300.

Facts:

Following the running of Race 7, the North End Motors C1-C2 handicap Pace, an information was filed by Stipendiary Steward, Mr S Renault against Junior Horsewoman, Miss J Young, alleging a breach of Rule 869(3) (b) in that she drove carelessly when she allowed her horse CHANTREY to shift outwards near the 100m resulting in BOOMER BAILEY, driven by Mr M Williamson, to be checked.

Miss Young had indicated on the Information that this breach of the Rules was admitted and that she understood the Rule she was being charged with.

Miss Young, as a Junior Driver, was asked if she required assistance at the hearing. Miss Young confirmed to the Committee that she had had Mr Negus, trainer of CHANTREY, assist at the Stewards' investigation of the incident and was comfortable to attend the hearing unassisted.

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

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

Mr Renault gave evidence and used video coverage to show that in the home straight Miss Young driving CHANTREY, was the lead horse and approaching the 100m Miss Young leaned down with her left hand to pull the deafeners and then leaned down with her right hand to pull the blinds. Miss Young then drew the whip and began to drive her horse out. Mr Renault stated that Miss Young then began to shift ground outwards into the line of BOOMER BAILEY, driven by Mr M Williamson, who had to check. Mr Renault stated that Mr Williamson had confirmed there was no contact between the horses and that the incident did not affect his chances in the race. He said that Miss Young shifted approximately 3 to 4 sulky widths and did eventually correct her horse but that it was too late to prevent the check to Mr Williamson.

Miss Young said that it was only after she had activated the gear and started driving the horse out that he started to shift outwards. She said the trainer had told her after the race that the horse has a tendency to move around in its races which she did not know prior to the race. She said it was obvious what had happened and she should have been aware of her horse shifting ground.

Submissions for Penalty:

Mr Renault informed the Committee that Miss Young had a clear record for the previous 4 months and only showed a previous breach on 29 December 2014 where she was fined $250. He said credit should be given for her ready admission of the breach. Mr Renault said that Miss Young had so far this season had 34 drives with the previous season recording 110 drives. He submitted that the breach was low to mid-range in the level of carelessness. Mr Renault 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 Renault submitted that a fine of around $300 be considered.

Miss Young submitted that the breach was at the lower end and that thought that a fine around $300 was fair.

Reasons for Penalty:

In determining penalty, the Committee took into account Miss Young’s ready admission of the breach and her good record over the previous 4 months. We also considered this breach to be low to mid-range and determined that a fine would be an appropriate penalty in this case.

The JCA Penalty Guide suggests a starting point of a $500 fine for a breach of this Rule. In taking the starting point of a $500 fine we were able to give Miss Young a discount of $100 for her admission of the breach and a further $100 discount for her relatively good record and the low to mid level of carelessness. We therefore determined that a fine of $300 was an appropriate penalty in this case.

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: 2d024e7ca81f4f906a93761e8f211dd9


informantnumber: A3633


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Caresless driving


plea: admitted


penaltyrequired: 1


decisiondate: 03/12/2015


hearing_title: Geraldine TC 28 November 2015 - R 7 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the North End Motors C1-C2 handicap Pace, an information was filed by Stipendiary Steward, Mr S Renault against Junior Horsewoman, Miss J Young, alleging a breach of Rule 869(3) (b) in that she drove carelessly when she allowed her horse CHANTREY to shift outwards near the 100m resulting in BOOMER BAILEY, driven by Mr M Williamson, to be checked.

Miss Young had indicated on the Information that this breach of the Rules was admitted and that she understood the Rule she was being charged with.

Miss Young, as a Junior Driver, was asked if she required assistance at the hearing. Miss Young confirmed to the Committee that she had had Mr Negus, trainer of CHANTREY, assist at the Stewards' investigation of the incident and was comfortable to attend the hearing unassisted.

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

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

Mr Renault gave evidence and used video coverage to show that in the home straight Miss Young driving CHANTREY, was the lead horse and approaching the 100m Miss Young leaned down with her left hand to pull the deafeners and then leaned down with her right hand to pull the blinds. Miss Young then drew the whip and began to drive her horse out. Mr Renault stated that Miss Young then began to shift ground outwards into the line of BOOMER BAILEY, driven by Mr M Williamson, who had to check. Mr Renault stated that Mr Williamson had confirmed there was no contact between the horses and that the incident did not affect his chances in the race. He said that Miss Young shifted approximately 3 to 4 sulky widths and did eventually correct her horse but that it was too late to prevent the check to Mr Williamson.

Miss Young said that it was only after she had activated the gear and started driving the horse out that he started to shift outwards. She said the trainer had told her after the race that the horse has a tendency to move around in its races which she did not know prior to the race. She said it was obvious what had happened and she should have been aware of her horse shifting ground.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Renault informed the Committee that Miss Young had a clear record for the previous 4 months and only showed a previous breach on 29 December 2014 where she was fined $250. He said credit should be given for her ready admission of the breach. Mr Renault said that Miss Young had so far this season had 34 drives with the previous season recording 110 drives. He submitted that the breach was low to mid-range in the level of carelessness. Mr Renault 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 Renault submitted that a fine of around $300 be considered.

Miss Young submitted that the breach was at the lower end and that thought that a fine around $300 was fair.


reasonsforpenalty:

In determining penalty, the Committee took into account Miss Young’s ready admission of the breach and her good record over the previous 4 months. We also considered this breach to be low to mid-range and determined that a fine would be an appropriate penalty in this case.

The JCA Penalty Guide suggests a starting point of a $500 fine for a breach of this Rule. In taking the starting point of a $500 fine we were able to give Miss Young a discount of $100 for her admission of the breach and a further $100 discount for her relatively good record and the low to mid level of carelessness. We therefore determined that a fine of $300 was an appropriate penalty in this case.


penalty:

Miss Young was fined the sum of $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Miss J Young - Junior Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 22f857867fcab65d0b732113cf1cf4f4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a901c9351e25607caa8adfd59d72ce3a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/11/2015


meet_title: Geraldine TC - 28 November 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Geraldine TC