Banks Peninsula TC 22 November 2020 – R 9 – Chair, Mr S Ching
ID: JCA13987
Meet Title:
Banks Peninsula TC - 22 November 2020
Meet Chair:
SChing
Race Date:
2020/11/22
Race Number:
R9
Decision:
As Mr Higgs had admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Higgs is fined the sum of $300.
Facts:
Following the running of Race 9, the Leo May Memorial Trot, an Information was filed by Stipendiary Steward, Mr S Mulcay against Open Driver, Mr W Higgs, alleging a breach of Rule 869(3)(b) in that on the final bend he shifted outwards and contacted the sulky wheel of THAT’S THE STORY, causing his horse, MICHELLE, to gallop.
Mr Higgs had indicated on the Information that this breach of the Rules was admitted which he confirmed to the hearing. Mr Smith also acknowledged that he understood the rule and charge brought against him.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Mulcay gave evidence and used video coverage to demonstrate that prior to entering the home straight and approaching the 600m, Mr Higgs driving MICHELLE was racing on the pylons in last place and in the trail of THAT’S THE STORY, with SIOUX PRINCESS to his outside. Passing the 600m, Mr Mulcay pointed out Mr Higgs shift SIOUX PRINCESS wider on the track in an attempt to improve. He said that when executing this manoeuvre, Mr Higgs' drive, MICHELLE’s near foreleg struck the sulky wheel of THAT’S THE STORY which caused MICHELLE to break and lose all chance.
Mr Higgs elected to make no submissions on the incident.
Submissions for Penalty:
Mr Mulcay stated that Mr Higgs had a clear record in regard to this rule and had admitted the breach which were mitigating factors. The aggravating factor he said, was the fact that his own horse, MICHELLE, had broken and lost all chance.
He stated that the JCA penalty Guide provided a 6-drive suspension or a $300 for a breach of this rule. Mr Mulcay submitted that as Mr Higgs only drove on race day infrequently, that a fine be considered as penalty in this case.
Mr Higgs made no submissions in relation to penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 6-drive suspension or $300 fine for a breach of this rule, where the breach is striking a wheel. We agree with Mr Mulcay that the aggravating factor was that MICHELLE’s chances may have been affected which warranted an uplift in penalty. This uplift we set at $100. There are however mitigating factors, being Mr Higgs' clear record and his admission of the breach, which warrants a combined discount. This discount we set at $100. We therefore determined that an appropriate penalty in this case was a fine of $300.
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: 8830653dd09ba52a6ce32e18a2572874
informantnumber: A13612
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 23/11/2020
hearing_title: Banks Peninsula TC 22 November 2020 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Leo May Memorial Trot, an Information was filed by Stipendiary Steward, Mr S Mulcay against Open Driver, Mr W Higgs, alleging a breach of Rule 869(3)(b) in that on the final bend he shifted outwards and contacted the sulky wheel of THAT’S THE STORY, causing his horse, MICHELLE, to gallop.
Mr Higgs had indicated on the Information that this breach of the Rules was admitted which he confirmed to the hearing. Mr Smith also acknowledged that he understood the rule and charge brought against him.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Mulcay gave evidence and used video coverage to demonstrate that prior to entering the home straight and approaching the 600m, Mr Higgs driving MICHELLE was racing on the pylons in last place and in the trail of THAT’S THE STORY, with SIOUX PRINCESS to his outside. Passing the 600m, Mr Mulcay pointed out Mr Higgs shift SIOUX PRINCESS wider on the track in an attempt to improve. He said that when executing this manoeuvre, Mr Higgs' drive, MICHELLE’s near foreleg struck the sulky wheel of THAT’S THE STORY which caused MICHELLE to break and lose all chance.
Mr Higgs elected to make no submissions on the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Higgs had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Mulcay stated that Mr Higgs had a clear record in regard to this rule and had admitted the breach which were mitigating factors. The aggravating factor he said, was the fact that his own horse, MICHELLE, had broken and lost all chance.
He stated that the JCA penalty Guide provided a 6-drive suspension or a $300 for a breach of this rule. Mr Mulcay submitted that as Mr Higgs only drove on race day infrequently, that a fine be considered as penalty in this case.
Mr Higgs made no submissions in relation to penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 6-drive suspension or $300 fine for a breach of this rule, where the breach is striking a wheel. We agree with Mr Mulcay that the aggravating factor was that MICHELLE’s chances may have been affected which warranted an uplift in penalty. This uplift we set at $100. There are however mitigating factors, being Mr Higgs' clear record and his admission of the breach, which warrants a combined discount. This discount we set at $100. We therefore determined that an appropriate penalty in this case was a fine of $300.
penalty:
Accordingly, Mr Higgs is fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S Mulcay-Stipendiary Steward
JockeysandTrainer: W Higgs - Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d08b1d20d6477465555579c2be8289d9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 635d00d18bbf4ceea571f6bc672e7645
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/11/2020
meet_title: Banks Peninsula TC - 22 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Banks Peninsula TC