HR Waikato 31 May 2016 – R 6 – Chair, Mr A Dooley
ID: JCA15299
Meet Title:
Harness Racing Waikato - 31 May 2016
Meet Chair:
ADooley
Race Date:
2016/05/31
Race Number:
R6
Decision:
As Mr Marshall admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Marshall is fined the sum of $250.
Facts:
Following the running of race 6, Dunstan Feeds Fillies & Mares Mobile Pace, an Information was filed pursuant to rule 869(3)(b). The Informant, Mr Muirhead alleged that Mr D Marshall drove MACHINEGUNS N GEMS carelessly near the 1150 metres by allowing his filly to contact the outside sulky wheel of VIVACIOUS MADONNA (D Butcher).
Mr Marshall acknowledged that he understood the Rule and admitted the breach.
Rule 869(3)(b) provides - No horseman in any race shall drive carelessly.
Mr Muirhead demonstrated on the available video footage that passing the 1200 metres Mr Marshall was racing 1 out without cover with VIVACIOUS MADONNA racing in the trail. He said that Mr Marshall was careless by allowing his horse to contact the outside sulky wheel of VIVACIOUS MADONNA when he shifted inward to take a trail behind that runner. He said MISS JETSTAR (J Stormont) legs were up inside Mr Marshall sulky wheel at that point in the race and there wasn’t enough room for him to move in. Mr Muirhead identified that Mr Stormont allowed Mr Marshall some room to drop in along the markers.
Mr Marshall believed that VIVACIOUS MADONNA run out slightly and acknowledged that it got a bit tight when he eased back to take a trail.
Submissions for Penalty:
Mr Muirhead produced Mr Marshall’s record which showed no previous breach of this rule in the last 12 months. He said Mr Marshall should be given credit for his admission of the breach. He referred to the JCA Penalty Guide for careless driving which recommends10 drives or a $500 fine as a starting point. He stated the incident would be best dealt with under rule 869(4) which recommends a $200 fine or 4 drives as a starting point when a driver hits a wheel. He said the level of carelessness was not at the upper end of offending.
Mr Marshall submitted the incident was minimal.
In response to a question from the Committee, Mr Marshall advised that he only had 2 drives this season.
Reasons for Penalty:
The Committee carefully considered al of the evidence and submissions presented. The mitigating factors are Mr Marshall’s admission of the breach and the level of carelessness is low end for which he has been given credit. The impact of Mr Marshall’s actions was minor with his horse pacing roughly for only 2 strides and no other horse was affected by his manoeuvre.
The Committee notes that Mr Marshall has a clear record albeit from only 2 other drives this season. Mr Marshall’s very limited experience was also considered when fixing penalty.
The Committee adopted the recommended starting point of a $500 fine. However, after taking into account all of the above and placing emphasis on the noteworthy mitigating factors the Committee consider an appropriate penalty is a $250 fine.
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: 80f215a8bdb7b898bf296cd2d677591c
informantnumber: A3728
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 01/06/2016
hearing_title: HR Waikato 31 May 2016 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, Dunstan Feeds Fillies & Mares Mobile Pace, an Information was filed pursuant to rule 869(3)(b). The Informant, Mr Muirhead alleged that Mr D Marshall drove MACHINEGUNS N GEMS carelessly near the 1150 metres by allowing his filly to contact the outside sulky wheel of VIVACIOUS MADONNA (D Butcher).
Mr Marshall acknowledged that he understood the Rule and admitted the breach.
Rule 869(3)(b) provides - No horseman in any race shall drive carelessly.
Mr Muirhead demonstrated on the available video footage that passing the 1200 metres Mr Marshall was racing 1 out without cover with VIVACIOUS MADONNA racing in the trail. He said that Mr Marshall was careless by allowing his horse to contact the outside sulky wheel of VIVACIOUS MADONNA when he shifted inward to take a trail behind that runner. He said MISS JETSTAR (J Stormont) legs were up inside Mr Marshall sulky wheel at that point in the race and there wasn’t enough room for him to move in. Mr Muirhead identified that Mr Stormont allowed Mr Marshall some room to drop in along the markers.
Mr Marshall believed that VIVACIOUS MADONNA run out slightly and acknowledged that it got a bit tight when he eased back to take a trail.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marshall admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Muirhead produced Mr Marshall’s record which showed no previous breach of this rule in the last 12 months. He said Mr Marshall should be given credit for his admission of the breach. He referred to the JCA Penalty Guide for careless driving which recommends10 drives or a $500 fine as a starting point. He stated the incident would be best dealt with under rule 869(4) which recommends a $200 fine or 4 drives as a starting point when a driver hits a wheel. He said the level of carelessness was not at the upper end of offending.
Mr Marshall submitted the incident was minimal.
In response to a question from the Committee, Mr Marshall advised that he only had 2 drives this season.
reasonsforpenalty:
The Committee carefully considered al of the evidence and submissions presented. The mitigating factors are Mr Marshall’s admission of the breach and the level of carelessness is low end for which he has been given credit. The impact of Mr Marshall’s actions was minor with his horse pacing roughly for only 2 strides and no other horse was affected by his manoeuvre.
The Committee notes that Mr Marshall has a clear record albeit from only 2 other drives this season. Mr Marshall’s very limited experience was also considered when fixing penalty.
The Committee adopted the recommended starting point of a $500 fine. However, after taking into account all of the above and placing emphasis on the noteworthy mitigating factors the Committee consider an appropriate penalty is a $250 fine.
penalty:
Accordingly, Mr Marshall is fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr D Marshall - Driver of MACHINEGUNS N GEMS
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 09327bd444902b704b36a552851f3d34
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: 7cdec5fb8c6323e8f84791574acb0b62
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/05/2016
meet_title: Harness Racing Waikato - 31 May 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Harness Racing Waikato