Timaru HRC 4 October 2015 – R 3 – Chair, Mr S Ching
ID: JCA12303
Meet Title:
Timaru HRC - 4 October 2015
Meet Chair:
SChing
Meet Committee Member 1:
DJackson
Race Date:
2015/10/04
Race Number:
R1
Decision:
As Mr Dunn had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Dunn was fined the sum of $200.
Facts:
Following the running of Race 3, the Port FM Pace, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr D Dunn, alleging a breach of Rule 507(1) in that he was late to arrive on course for races 1, 2 and 3 and in doing so has broken his engagements to drive CIRCUS BOY in Race 1, CAESARS EMPIRE in Race 2 and SHARD DIEGO in Race 3.
Mr Dunn had indicated on the Information that this breach of the Rules was admitted. He had also informed the Stewards that he did not want to be present at the hearing.
Rule 507 (1) reads as follows:
“(1) No horseman shall break an engagement to drive a horse.
Mr Ydgren gave evidence that Mr Dunn had called the Stewards at 8.54am this morning and informed them that he had slept in and missed his flight to Christchurch after driving at the Invercargill meeting on the previous day. Mr Ydgren stated that Mr Dunn had also missed his drive in the 4th race but that was due to reasons beyond his control. He said he was held up on the drive down to Timaru with slow traffic due to the weather conditions.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Dunn had admitted the breach at the first opportunity and that he had a previous breach of this Rule in the last 12 months at Banks Peninsula on 26 January 2015 where he could not fulfil his engagements for 2 drives. He was fined the sum of $150 on that occasion. Mr Ydgren submitted that Mr Dunn had a good record considering the number of drives and meetings he had attended since January. He said Mr Dunn was a very busy driver and had driven on 1001 occasions last season and 103 so far this season. Mr Ydgren stated that the JCA Guide recommended a starting point of 4 drives or a $200 fine and taking into consideration Mr Dunn’s ready admission of the breach, submitted that a fine in the vicinity of $150 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Dunn’s ready admission of the breach. We also took into account his record which showed a breach in January where he was fined the sum of $150 and the number of drives and meetings he had attended since that breach. We considered Mr Dunn’s record in relation to this rule to be neutral. The Committee also took into consideration the consequences of the breach in that the connections and betting public of those three drives were affected which the Committee determined that an uplift of $50 to the starting point of a $200 was required. In mitigation we were able to give Mr Dunn a discount of $50 for his ready admission of the breach and therefore decided that a fine of $200 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: 4b7b61da5d82f46516f69a410108ab80
informantnumber: A6722
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Broken driving engagements
plea: admitted
penaltyrequired: 1
decisiondate: 07/10/2015
hearing_title: Timaru HRC 4 October 2015 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Port FM Pace, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr D Dunn, alleging a breach of Rule 507(1) in that he was late to arrive on course for races 1, 2 and 3 and in doing so has broken his engagements to drive CIRCUS BOY in Race 1, CAESARS EMPIRE in Race 2 and SHARD DIEGO in Race 3.
Mr Dunn had indicated on the Information that this breach of the Rules was admitted. He had also informed the Stewards that he did not want to be present at the hearing.
Rule 507 (1) reads as follows:
“(1) No horseman shall break an engagement to drive a horse.
Mr Ydgren gave evidence that Mr Dunn had called the Stewards at 8.54am this morning and informed them that he had slept in and missed his flight to Christchurch after driving at the Invercargill meeting on the previous day. Mr Ydgren stated that Mr Dunn had also missed his drive in the 4th race but that was due to reasons beyond his control. He said he was held up on the drive down to Timaru with slow traffic due to the weather conditions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dunn 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 Dunn had admitted the breach at the first opportunity and that he had a previous breach of this Rule in the last 12 months at Banks Peninsula on 26 January 2015 where he could not fulfil his engagements for 2 drives. He was fined the sum of $150 on that occasion. Mr Ydgren submitted that Mr Dunn had a good record considering the number of drives and meetings he had attended since January. He said Mr Dunn was a very busy driver and had driven on 1001 occasions last season and 103 so far this season. Mr Ydgren stated that the JCA Guide recommended a starting point of 4 drives or a $200 fine and taking into consideration Mr Dunn’s ready admission of the breach, submitted that a fine in the vicinity of $150 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Dunn’s ready admission of the breach. We also took into account his record which showed a breach in January where he was fined the sum of $150 and the number of drives and meetings he had attended since that breach. We considered Mr Dunn’s record in relation to this rule to be neutral. The Committee also took into consideration the consequences of the breach in that the connections and betting public of those three drives were affected which the Committee determined that an uplift of $50 to the starting point of a $200 was required. In mitigation we were able to give Mr Dunn a discount of $50 for his ready admission of the breach and therefore decided that a fine of $200 was an appropriate penalty in this case.
penalty:
Mr Dunn was fined the sum of $200.
hearing_type: Hearing
Rules: 507(1)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: D Dunn-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 42116c75753f4a6c9ad08c0696a13602
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: 4a68430889e9857199f1868912999978
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/10/2015
meet_title: Timaru HRC - 4 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DJackson
meet_pm2: none
name: Timaru HRC