Invercargill HRC 9 March 2016 – R 1 – Chair, Mr N Skelt
ID: JCA13908
Meet Title:
Invercargill HRC - 9 March 2016
Meet Chair:
NSkelt
Race Date:
2016/03/09
Race Number:
R 1
Decision:
As Mr. Milne has admitted the breach, the charge was found proved.
Penalty:
Mr. Milne was fined the sum of $250.00.
Facts:
Following the running of race 1 the Regent Raceday Sunday 3rd April Mobile Pace an information (1845) was lodged by Stipendiary Steward Mr. S. Renault under rule 869 (3) (B) that A. Milne (Forgotten Runner) drove carelessly racing into the first bend when allowing his horse to strike the sulky wheel of Just Wish (S. Tomlinson) with the tyre puncturing.
The rule reads 869 (3) (B): no horseman in any race shall drive carelessly.
Mr. Renault using the head on and side on films, said Mr. Milne was drawn 7 off the front line, and shortly after the start of the race he has moved his horse inwards and in doing so he has made contact with Just a Wish (S. Tomlinson) striking the sulky wheel . Just a Wish’s tyre was punctured, and the horse was retired from the race.
Mr. Milne said he did not disagree with Mr. Renault’s interpretation of the film except to say he thought “carelessness” was a bit tough, and that it was more that he had made an error of judgement.
Submissions for Penalty:
Mr. Renault said Mr. Milne had not breached this rule in the past 12 months. He said that Mr. Milne had an excellent record and that it was a simple error of judgement although the consequence did see Just a Wish retired from the race.
Mr. Renault submitted that the degree of carelessness was low range and a penalty of a two day suspension, or a $300 fine was an appropriate penalty.
Mr. Milne submitted that a suspension may be his preferred option, and also stated that although drivers were not declared yet for the Invercargill Harness meeting on Saturday 12th March, he had no drives at this meeting.
Reasons for Penalty:
After reviewing the films of the incident I believe the severity of the incident to be low range. There was nothing intentional of Mr. Milne actions, he has simply made an error of judgement.
It was noted that Mr. Milne had 56 drives last season and has had 45 drives this season, and that he had not breached this rule in the previous 12 months. It was also noted that Mr. Milne has currently 3 to 4 race day drives.
The JCA penalty guidelines state a starting point for a breach of this rule to be $500 fine or a 10 drive suspension.
On this occasion a fine is an appropriate penalty with some concession given for Mr. Milne’s open and frank admission prior to, and throughout the hearing, and also for the excellent driving record over the past 12 months.
Consideration in fixing penalty was also given to the low level of carelessness.
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: 7f44a53f55ea831d203c0a279855bafc
informantnumber: 1845
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2016
hearing_title: Invercargill HRC 9 March 2016 - R 1 - Chair, Mr N Skelt
charge:
facts:
Following the running of race 1 the Regent Raceday Sunday 3rd April Mobile Pace an information (1845) was lodged by Stipendiary Steward Mr. S. Renault under rule 869 (3) (B) that A. Milne (Forgotten Runner) drove carelessly racing into the first bend when allowing his horse to strike the sulky wheel of Just Wish (S. Tomlinson) with the tyre puncturing.
The rule reads 869 (3) (B): no horseman in any race shall drive carelessly.
Mr. Renault using the head on and side on films, said Mr. Milne was drawn 7 off the front line, and shortly after the start of the race he has moved his horse inwards and in doing so he has made contact with Just a Wish (S. Tomlinson) striking the sulky wheel . Just a Wish’s tyre was punctured, and the horse was retired from the race.
Mr. Milne said he did not disagree with Mr. Renault’s interpretation of the film except to say he thought “carelessness” was a bit tough, and that it was more that he had made an error of judgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr. Milne has admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr. Renault said Mr. Milne had not breached this rule in the past 12 months. He said that Mr. Milne had an excellent record and that it was a simple error of judgement although the consequence did see Just a Wish retired from the race.
Mr. Renault submitted that the degree of carelessness was low range and a penalty of a two day suspension, or a $300 fine was an appropriate penalty.
Mr. Milne submitted that a suspension may be his preferred option, and also stated that although drivers were not declared yet for the Invercargill Harness meeting on Saturday 12th March, he had no drives at this meeting.
reasonsforpenalty:
After reviewing the films of the incident I believe the severity of the incident to be low range. There was nothing intentional of Mr. Milne actions, he has simply made an error of judgement.
It was noted that Mr. Milne had 56 drives last season and has had 45 drives this season, and that he had not breached this rule in the previous 12 months. It was also noted that Mr. Milne has currently 3 to 4 race day drives.
The JCA penalty guidelines state a starting point for a breach of this rule to be $500 fine or a 10 drive suspension.
On this occasion a fine is an appropriate penalty with some concession given for Mr. Milne’s open and frank admission prior to, and throughout the hearing, and also for the excellent driving record over the past 12 months.
Consideration in fixing penalty was also given to the low level of carelessness.
penalty:
Mr. Milne was fined the sum of $250.00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr A Milne - Driver of FORGOTTEN RUNNER
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 10e8f0b976cf61911206c2bc3c7dae4d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e97b4852e2c9a88248a0986bf923e01
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
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meetdate: 09/03/2016
meet_title: Invercargill HRC - 9 March 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Invercargill HRC