NZ Metro TC 25 November 2016 – R 2 – Chair, Mr D Jackson
ID: JCA12538
Meet Title:
NZ Metro TC - 25 November 2016
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/11/25
Race Number:
R 2
Decision:
Mr Low admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
Penalty:
In light of Mr Low’s willingness to accept a combination of a fine and a suspension (to temper the level of fine imposed) the Committee has determined to fine Mr Low $300 and suspend him up to and including 10 December 2016. This is – having regard to the calendar for amateur driving races – a two drive suspension for an amateur driver.
Facts:
Mr Low is charged with careless driving. He is alleged to have caused his horse, LOOSE CANNON, to contact the sulky wheel of STYLISH BABE when attempting to improve near the 300m mark. There was insufficient room for the maneuver and as a consequence of the contact Mr Low’s horse broke thereby checking two runners FRANCO CALIPH and FULHAM ROYALE.
Mr Low admitted the charge.
Mr Ydgren replayed the relevant part of the race from all available angles and in particular emphasiSed that Mr Low had insufficient room to attempt to improve around a rapidly tiring horse in STYLISH BABE. The contact and the resulting break of his own horse and contact with the others mentioned was plain from the video. In simple terms, Mr Low has “rear-ended” STYLISH BABE during the maneuver.
Mr Wallace was called and confirmed that as the driver of STYLISH BABE he was aware of his horse’s fatigue and knew that Mr Low’s horse was still full of running. He said LOOSE CANNON was breathing down his neck. He felt the bang as LOOSE CANNON struck the sulky or sulky wheel (he was not sure what was struck and confirmed he did not suffer a flat tyre or other damage). He conceded his horse was retreating rapidly.
Submissions for Penalty:
Mr Ydgren submitted that this was medium level carelessness which had medium to high consequences for other affected horses. Whilst none of the horses referred to were in a position to realistically win the race, they were affected nonetheless, which was an aggravating factor.
Mr Ydgren referred to the starting point of $500 fine or 10 drives provided by the Guidelines. Having regard to his clean record and his admission but noting the aggravating factor of other horses being affected My Ydgren submitted a fine of $400 was appropriate.
Mr Low submitted a fine of $400 was too high for such a minor indiscretion. He indicated an ability to pay a fine but “at a stretch”.
Reasons for Penalty:
The committee considers this to be a clear case of careless driving. We assess Mr Low’s culpability as medium. His drive was going well. The horse in front was tiring. By attempting to improve as he did, Mr Low left insufficient room for the maneuver and struck the sulky wheel of the tiring horse. His actions affected three other horses in the race. They were effectively removed from the contest.
Having regard to the JCA Penalty Guidelines, the Committee adopts a starting point fine of $500. There will be an uplift of $100 for the aggravating factor identified. His clean record and admission warrant a $200 discount leaving a fine to pay of $400.
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: 6a0d133c844ea209afe6844f68ed50ec
informantnumber: A8325
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 28/11/2016
hearing_title: NZ Metro TC 25 November 2016 - R 2 - Chair, Mr D Jackson
charge:
facts:
Mr Low is charged with careless driving. He is alleged to have caused his horse, LOOSE CANNON, to contact the sulky wheel of STYLISH BABE when attempting to improve near the 300m mark. There was insufficient room for the maneuver and as a consequence of the contact Mr Low’s horse broke thereby checking two runners FRANCO CALIPH and FULHAM ROYALE.
Mr Low admitted the charge.
Mr Ydgren replayed the relevant part of the race from all available angles and in particular emphasiSed that Mr Low had insufficient room to attempt to improve around a rapidly tiring horse in STYLISH BABE. The contact and the resulting break of his own horse and contact with the others mentioned was plain from the video. In simple terms, Mr Low has “rear-ended” STYLISH BABE during the maneuver.
Mr Wallace was called and confirmed that as the driver of STYLISH BABE he was aware of his horse’s fatigue and knew that Mr Low’s horse was still full of running. He said LOOSE CANNON was breathing down his neck. He felt the bang as LOOSE CANNON struck the sulky or sulky wheel (he was not sure what was struck and confirmed he did not suffer a flat tyre or other damage). He conceded his horse was retreating rapidly.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Low admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
sumissionsforpenalty:
Mr Ydgren submitted that this was medium level carelessness which had medium to high consequences for other affected horses. Whilst none of the horses referred to were in a position to realistically win the race, they were affected nonetheless, which was an aggravating factor.
Mr Ydgren referred to the starting point of $500 fine or 10 drives provided by the Guidelines. Having regard to his clean record and his admission but noting the aggravating factor of other horses being affected My Ydgren submitted a fine of $400 was appropriate.
Mr Low submitted a fine of $400 was too high for such a minor indiscretion. He indicated an ability to pay a fine but “at a stretch”.
reasonsforpenalty:
The committee considers this to be a clear case of careless driving. We assess Mr Low’s culpability as medium. His drive was going well. The horse in front was tiring. By attempting to improve as he did, Mr Low left insufficient room for the maneuver and struck the sulky wheel of the tiring horse. His actions affected three other horses in the race. They were effectively removed from the contest.
Having regard to the JCA Penalty Guidelines, the Committee adopts a starting point fine of $500. There will be an uplift of $100 for the aggravating factor identified. His clean record and admission warrant a $200 discount leaving a fine to pay of $400.
penalty:
In light of Mr Low’s willingness to accept a combination of a fine and a suspension (to temper the level of fine imposed) the Committee has determined to fine Mr Low $300 and suspend him up to and including 10 December 2016. This is – having regard to the calendar for amateur driving races – a two drive suspension for an amateur driver.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr W Low - Amateur Driver
Otherperson: Mr P Wallace - Driver of STYLISH BABE
PersonPresent:
Respondent:
StipendSteward:
raceid: 0680dc154ce26318cfa2af9533f0b891
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 042f5f5fcae30aad8f5d1b0c6a31bd88
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2016
meet_title: NZ Metro TC - 25 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC