Banks Peninsula TC 26 March 2017 – R 6 – Chair, Mr S Ching
ID: JCA14976
Meet Title:
Banks Peninsula TC - 26 March 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/03/26
Race Number:
R6
Decision:
As Mr Davis had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Davis was fined the sum of $450.
Facts:
Following the running of Race 6, the Tai Tapu Hotel & McDermott Family Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr P Davis, alleging a breach of Rule 869(3) (b) in that he drove carelessly nearing the 650m by allowing his drive, THE JANDEL MACHINE, to trail too close to SKY CITY KING, driven by Mr T McMillan resulting in the THE JANDEL MACHINE falling to the track and checking FORTUNE TILLER, driven by Miss J Young.
Mr Davis had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Davis also confirmed that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage to show that as the field was approaching the 650m, THE JANDEL MACHINE, driven by Mr Davis, was racing midfield in the 3-wide line trailing SKY CITY KING, driven by Mr T McMillan. Mr Wallis pointed out THE JANDEL MACHINE, get placed awkwardly onto the back of Mr McMillan before striking the back of the sulky and falling. Trailing runner, FORTUNE TILLY, driven by Miss Young was terminally checked in this incident and took no further part in the event. Mr Wallis stated that Mr Davis allowed his horse to get too close to the runner immediately ahead resulting in the fall.
Mr Davis stated that he was mindful of being pushed out at the time and wanted to be hard on the back of Mr McMillan. He said his horse wears a shadow roll and pacifier which prevents it fully seeing the back of the horse immediately ahead. He also said he momentarily forgot that the horse was wearing a shadow roll and allowed him to get too close.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr Davis was a busy driver with 187 drives last season and 94 to date this season. He stated Mr Davis had an excellent record with no recorded breaches of any rule over the previous 12 months and had admitted the breach at the earliest opportunity. Mr Wallis submitted that the level of carelessness was low but consequences at a high level due to the fall and the fact that both horses' chances were extinguished. He said the JCA Penalty Guide recommends a starting point of a $500 of this rule and after taking all factors into consideration, submitted that a fine between $400 and $500 be considered as penalty.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Davis’ ready admission of the breach and his excellent record as mitigating factors. We determined this breach to be mid to low-range with the consequential effects as being high end. In adopting the JCA Penalty Guide starting point of a $500 fine we determined that the aggravating factors in this case warranted an uplift in penalty which we set at $150 taking the penalty to $650. We were however able to afford Mr Davis a discount of $100 for his ready admission of the breach and a further $100 for his excellent record. We therefore determined that a fine of $450 was an appropriate penalty in this case.
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: 942f211b4c210ad29a8e05313c81322e
informantnumber: A9006
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 27/03/2017
hearing_title: Banks Peninsula TC 26 March 2017 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Tai Tapu Hotel & McDermott Family Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr P Davis, alleging a breach of Rule 869(3) (b) in that he drove carelessly nearing the 650m by allowing his drive, THE JANDEL MACHINE, to trail too close to SKY CITY KING, driven by Mr T McMillan resulting in the THE JANDEL MACHINE falling to the track and checking FORTUNE TILLER, driven by Miss J Young.
Mr Davis had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Davis also confirmed that he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage to show that as the field was approaching the 650m, THE JANDEL MACHINE, driven by Mr Davis, was racing midfield in the 3-wide line trailing SKY CITY KING, driven by Mr T McMillan. Mr Wallis pointed out THE JANDEL MACHINE, get placed awkwardly onto the back of Mr McMillan before striking the back of the sulky and falling. Trailing runner, FORTUNE TILLY, driven by Miss Young was terminally checked in this incident and took no further part in the event. Mr Wallis stated that Mr Davis allowed his horse to get too close to the runner immediately ahead resulting in the fall.
Mr Davis stated that he was mindful of being pushed out at the time and wanted to be hard on the back of Mr McMillan. He said his horse wears a shadow roll and pacifier which prevents it fully seeing the back of the horse immediately ahead. He also said he momentarily forgot that the horse was wearing a shadow roll and allowed him to get too close.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Davis had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr Davis was a busy driver with 187 drives last season and 94 to date this season. He stated Mr Davis had an excellent record with no recorded breaches of any rule over the previous 12 months and had admitted the breach at the earliest opportunity. Mr Wallis submitted that the level of carelessness was low but consequences at a high level due to the fall and the fact that both horses' chances were extinguished. He said the JCA Penalty Guide recommends a starting point of a $500 of this rule and after taking all factors into consideration, submitted that a fine between $400 and $500 be considered as penalty.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Davis’ ready admission of the breach and his excellent record as mitigating factors. We determined this breach to be mid to low-range with the consequential effects as being high end. In adopting the JCA Penalty Guide starting point of a $500 fine we determined that the aggravating factors in this case warranted an uplift in penalty which we set at $150 taking the penalty to $650. We were however able to afford Mr Davis a discount of $100 for his ready admission of the breach and a further $100 for his excellent record. We therefore determined that a fine of $450 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Davis was fined the sum of $450.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: S Wallis- Stipendiary Steward
JockeysandTrainer: P Davis-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a0f5815f32638f102245d626fe1dcabc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8fdd015924eacd2597ef36ecb3cfd8d8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/03/2017
meet_title: Banks Peninsula TC - 26 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC