HR Waikato 9 January 2015 – R 10
ID: JCA14560
Meet Title:
Harness Racing Waikato - 9 January 2015
Meet Chair:
ADooley
Meet Committee Member 1:
TCastles
Race Date:
2015/01/09
Race Number:
R10
Decision:
As Mr Butcher admitted the breach we find the charge proved.
Penalty:
Accordingly, the Committee imposes a fine of $200 on Mr Butcher.
Facts:
Following the running of race 10, NZ Premier Yearling Sale February 17 & 18 Mobile Pace, an Information was filed pursuant to Rule 869 (3)(b). The Informant, Stipendiary Steward, Mr Mulcay, alleged that Open Horseman, Mr P Butcher, drove SAHARAZONA carelessly causing a check to UNMISSUBLE ( K Marshall) which broke late in the run home.
Mr Butcher acknowledged that he understood the rule and confirmed his admission of the breach.
Rule 869(3) (b) provides: No horseman in any race shall drive (b) carelessly.
Mr Muirhead identified on the video films that when Mr Butcher angled SAHARAZONA out near the 100 metres he made contact with the near hind leg of UNMISSUBLE which was checked and broke.
Mr Mulcay said Mr Butcher was somewhat unlucky as his horse did shift out further than he intended when gear was activated.
Mr Butcher advised the Committee that he admitted the breach with mitigating circumstances to be considered. Mr Butcher said he was travelling better than UNMISSUBLE and under normal circumstances he would have expected the driver of that horse to move out with him. He added if that had occurred then he would not have been charged. He acknowledged that contact did occur when he moved out.
Submissions for Penalty:
Mr Mulcay produced Mr Butcher’s record which showed no previous breaches under this rule in the last 12 months. He said this was an excellent record and described the level of carelessness was low with mitigating factors involved. He added Mr Butcher was a busy driver.
Mr Mulcay submitted the JCA penalty guide for careless driving recommended a starting of 6 drives or a $400 fine. He said given the mitigating circumstances a reduction in penalty was warranted and submitted a fine of $250 would be appropriate.
Mr Butcher submitted that he was disappointed that such a minor incident would inevitably attract a monetary fine.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Butcher’s admission of the breach, his excellent record under this rule and the level of carelessness was at the low end of the scale. This has to be balanced against the fact Mr Butcher made a small error of judgement in angling his drive out when not sufficiently clear. This resulted in UNMISSUBLE being checked and breaking.
We referred to the JCA listing of penalties for breaches under this Rule and noted that a fine of $200 was a consistent penalty imposed with similar mitigating factors.
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: 9277849adf37c0ecd51ce30dca03a647
informantnumber: A3662
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: HR Waikato 9 January 2015 - R 10
charge:
facts:
Following the running of race 10, NZ Premier Yearling Sale February 17 & 18 Mobile Pace, an Information was filed pursuant to Rule 869 (3)(b). The Informant, Stipendiary Steward, Mr Mulcay, alleged that Open Horseman, Mr P Butcher, drove SAHARAZONA carelessly causing a check to UNMISSUBLE ( K Marshall) which broke late in the run home.
Mr Butcher acknowledged that he understood the rule and confirmed his admission of the breach.
Rule 869(3) (b) provides: No horseman in any race shall drive (b) carelessly.
Mr Muirhead identified on the video films that when Mr Butcher angled SAHARAZONA out near the 100 metres he made contact with the near hind leg of UNMISSUBLE which was checked and broke.
Mr Mulcay said Mr Butcher was somewhat unlucky as his horse did shift out further than he intended when gear was activated.
Mr Butcher advised the Committee that he admitted the breach with mitigating circumstances to be considered. Mr Butcher said he was travelling better than UNMISSUBLE and under normal circumstances he would have expected the driver of that horse to move out with him. He added if that had occurred then he would not have been charged. He acknowledged that contact did occur when he moved out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Butcher admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Butcher’s record which showed no previous breaches under this rule in the last 12 months. He said this was an excellent record and described the level of carelessness was low with mitigating factors involved. He added Mr Butcher was a busy driver.
Mr Mulcay submitted the JCA penalty guide for careless driving recommended a starting of 6 drives or a $400 fine. He said given the mitigating circumstances a reduction in penalty was warranted and submitted a fine of $250 would be appropriate.
Mr Butcher submitted that he was disappointed that such a minor incident would inevitably attract a monetary fine.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Butcher’s admission of the breach, his excellent record under this rule and the level of carelessness was at the low end of the scale. This has to be balanced against the fact Mr Butcher made a small error of judgement in angling his drive out when not sufficiently clear. This resulted in UNMISSUBLE being checked and breaking.
We referred to the JCA listing of penalties for breaches under this Rule and noted that a fine of $200 was a consistent penalty imposed with similar mitigating factors.
penalty:
Accordingly, the Committee imposes a fine of $200 on Mr Butcher.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr P Butcher - Open Horseman
Otherperson: Mr J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: decc3cdb8421b38315d43785b1517bbd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8d2778a7c78a4e19c58db2b537d1a21a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/01/2015
meet_title: Harness Racing Waikato - 9 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: TCastles
meet_pm2: none
name: Harness Racing Waikato