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Bay of Plenty HRC 16 October 2014 – R 2

ID: JCA12789

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr S Phelan - Licensed Open Horseman

Information Number:
A3715

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Bay of Plenty HRC - 16 October 2014

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2014/10/16

Race Number:
R2

Decision:

The charge has been admitted and is accordingly proved.

Penalty:

The Committee imposes a fine of $200.00 on Mr Phelan.

Facts:

Following the running of THE BIG JIM AT ALABAR FILLIES & MARES MOBILE PACE an Information was lodged by Stipendiary Steward Mr STR Mulcay against Licensed Open Horseman Mr S Phelan alleging a breach of Rule 869(3)(b) in that he shifted his horse HAPPY TO GO outwards in the home straight when not sufficiently clear of DORRIE D resulting in contact being made with the hind legs of DORRIE D.

Rule 869(3)(b) provides:
“That no horseman in any Race shall drive carelessly.”

Mr Phelan admitted the breach but was not present at the Hearing.

Mr Mulcay demonstrated the incident by use of the video films. These showed that in the home straight HAPPY TO GO was racing on the inside of DORRIE D and Mr Phelan moved out and contacted the hind legs of DORRIE D causing that horse to break stride for a short period. Mr Mulcay also pointed out that A CHANCE TO DREAM was on the outside of DORRIE D so it was not possible for it to move wider.

Submissions for Penalty:

Mr Mulcay said that Mr Phelan had a clear record over the last 12 months and he should be given credit for that and for admitting the breach. He said that the incident was in the low range of seriousness and that the Stewards believed that an appropriate penalty was a fine of $200.00.

Reasons for Penalty:

The JCA Guidelines provide for a starting point penalty of a fine of $400.00 or suspension of license for eight drives. The Committee also has the benefit of being able to refer to penalty schedules and we note penalties imposed by other Committees.

The Committee notes that Mr Phelan is a busy driver and it is against that background we give him credit for his clear record. He has also admitted the breach. The Committee believes that the penalty submitted by Mr Mulcay is appropriate.

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: 587a5eab950593f52f2a334555a92b0c

informantnumber: A3715

horsename:

hearing_racingtype:

startdate: no date provided

newcharge: Careless Driving

plea: admitted

penaltyrequired: 1

decisiondate: 03/10/2014

hearing_title: Bay of Plenty HRC 16 October 2014 - R 2

charge:

facts:

Following the running of THE BIG JIM AT ALABAR FILLIES & MARES MOBILE PACE an Information was lodged by Stipendiary Steward Mr STR Mulcay against Licensed Open Horseman Mr S Phelan alleging a breach of Rule 869(3)(b) in that he shifted his horse HAPPY TO GO outwards in the home straight when not sufficiently clear of DORRIE D resulting in contact being made with the hind legs of DORRIE D.

Rule 869(3)(b) provides:
“That no horseman in any Race shall drive carelessly.”

Mr Phelan admitted the breach but was not present at the Hearing.

Mr Mulcay demonstrated the incident by use of the video films. These showed that in the home straight HAPPY TO GO was racing on the inside of DORRIE D and Mr Phelan moved out and contacted the hind legs of DORRIE D causing that horse to break stride for a short period. Mr Mulcay also pointed out that A CHANCE TO DREAM was on the outside of DORRIE D so it was not possible for it to move wider.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

The charge has been admitted and is accordingly proved.

sumissionsforpenalty:

Mr Mulcay said that Mr Phelan had a clear record over the last 12 months and he should be given credit for that and for admitting the breach. He said that the incident was in the low range of seriousness and that the Stewards believed that an appropriate penalty was a fine of $200.00.

reasonsforpenalty:

The JCA Guidelines provide for a starting point penalty of a fine of $400.00 or suspension of license for eight drives. The Committee also has the benefit of being able to refer to penalty schedules and we note penalties imposed by other Committees.

The Committee notes that Mr Phelan is a busy driver and it is against that background we give him credit for his clear record. He has also admitted the breach. The Committee believes that the penalty submitted by Mr Mulcay is appropriate.

penalty:

The Committee imposes a fine of $200.00 on Mr Phelan.

hearing_type: Hearing

Rules: 869(3)(b)

Informant: Mr S Mulcay - Stipendiary Steward

JockeysandTrainer: Mr S Phelan - Licensed Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 4ebb322c73f8eed5def650f52c43c593

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R2

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 9f32a15286366777debcf7b7e9eafd72

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 16/10/2014

meet_title: Bay of Plenty HRC - 16 October 2014

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: bay-of-plenty-hrc

meet_racingtype: harness-racing

meet_chair: BScott

meet_pm1: AGodsalve

meet_pm2: none

name: Bay of Plenty HRC