Archive Decision

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Franklin TC 8 February 2013 – R 1

ID: JCA14137

Applicant:
Stipendiary Steward Mr J Muirhead

Respondent(s):
Open Horseman Mr M McKendry

Information Number:
A4629

Hearing Type:
Hearing

Rules:
Rule 869(3)(b) Careless Driving

Plea:
admitted

Meet Title:
Franklin TC - 8 February 2013

Meet Chair:
JHolloway

Meet Committee Member 1:
GJones

Race Date:
2013/02/08

Race Number:
R1

Decision:

Charge admitted and is therefore proved.

Penalty:

On that basis the committee determined a fine of $200 as an appropriate penalty.

Charge:

Horseman Mr M McKendry drove Meander with Pegasus carelessly causing his own horse to break with  600 metres to run.

Facts:

Mr Muirhead lodged an information charging Mr McKendry with driving Meander With Pegasus carelessly in Race 1.

Mr McKendry appeared for the hearing and admitted the charge.

Mr Muirhead using available video footage identified Mr McKendry driving Meander With Pegasus in the trail with about 600 metres to run.

He moved his horse to avoid the slowing leader (Boronova) and in doing so came into contact with Letz Hope on his outside.  This resulted in Meander With Pegasus breaking and losing all chance.

Mr McKendry agreed with the summary of events and  added that his  horse had a bad tendency  to run about and that in hindsight he should have made his move earlier.

Submissions for Decision:

Admitted.

Reasons for Decision:

Admitted charge established.

Submissions for Penalty:

Mr Muirhead told the committee the JCA guidelines indicated a starting point of 8 drives of $400 fine.  The breach was at the lower point and Mr McKendry had been cooperative with the investigation.  He recommended a starting point of $250 fine.

Mr McKendry declined submissions on penalty.

Reasons for Penalty:

In arriving at an appropriate penalty the committee considered the submissions.  They found the breach was at the lower end and took into account penalties for previous similar breaches.  Mr McKendry enjoys an outstanding driving record and had admitted the breach.  There were no aggravating features.

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: 9d1687f1670d957ce8072588d36dd79e


informantnumber: A4629


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/01/2013


hearing_title: Franklin TC 8 February 2013 - R 1


charge:

Horseman Mr M McKendry drove Meander with Pegasus carelessly causing his own horse to break with  600 metres to run.


facts:

Mr Muirhead lodged an information charging Mr McKendry with driving Meander With Pegasus carelessly in Race 1.

Mr McKendry appeared for the hearing and admitted the charge.

Mr Muirhead using available video footage identified Mr McKendry driving Meander With Pegasus in the trail with about 600 metres to run.

He moved his horse to avoid the slowing leader (Boronova) and in doing so came into contact with Letz Hope on his outside.  This resulted in Meander With Pegasus breaking and losing all chance.

Mr McKendry agreed with the summary of events and  added that his  horse had a bad tendency  to run about and that in hindsight he should have made his move earlier.


appealdecision:


isappeal:


submissionsfordecision:

Admitted.


reasonsfordecision:

Admitted charge established.


Decision:

Charge admitted and is therefore proved.


sumissionsforpenalty:

Mr Muirhead told the committee the JCA guidelines indicated a starting point of 8 drives of $400 fine.  The breach was at the lower point and Mr McKendry had been cooperative with the investigation.  He recommended a starting point of $250 fine.

Mr McKendry declined submissions on penalty.


reasonsforpenalty:

In arriving at an appropriate penalty the committee considered the submissions.  They found the breach was at the lower end and took into account penalties for previous similar breaches.  Mr McKendry enjoys an outstanding driving record and had admitted the breach.  There were no aggravating features.


penalty:

On that basis the committee determined a fine of $200 as an appropriate penalty.


hearing_type: Hearing


Rules: Rule 869(3)(b) Careless Driving


Informant: Stipendiary Steward Mr J Muirhead


JockeysandTrainer: Open Horseman Mr M McKendry


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e3ae9ed3c5355f3b90c7f8d2dd681334


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: de82c5d740ba223f2449d2eff343b1aa


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/02/2013


meet_title: Franklin TC - 8 February 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "301", "Total": "186.62", "kmprice": 186.62, "Approved": "on"}]


meet_otherexp:


tracklocation: franklin-tc


meet_racingtype: harness-racing


meet_chair: JHolloway


meet_pm1: GJones


meet_pm2: none


name: Franklin TC