Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Banks Peninsula TC 26 November 2017 – R 4 – Chair, Mr R McKenzie

ID: JCA15317

Applicant:
S W Wallis, Stipendiary Steward

Respondent(s):
J R Ford, Licensed Graduation Driver

Information Number:
A09597

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 26 November 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DAnderson

Race Date:
2017/11/26

Race Number:
R4

Decision:

Mr Ford having admitted the breach, the charge was found proved.

Penalty:

Mr Ford was fined the sum of $250.

Facts:

Following the running of Race 4, Stallions Australasia Trot, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Graduation Driver, Mr J R Ford, alleging that, as the driver of TIME FOR DIAMONDS in the race, “he drove carelessly near the 700 metres when allowing his horse to strike the sulky wheel of SEA ROVER causing it [his own horse] to break.”

Mr Ford was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly

Mr Wallis showed the available video replays of the incident with approximately 700 metres to run. He pointed out TIME FOR DIAMONDS, driven by Mr Ford, racing one off the fence and towards the rear of the field, following SEA ROVER (T M McMillan). He then pointed out SEA ROVER improve out into the 3-wide line to get onto the back of TROY CASTLETON. Mr Ford attempted to take up the position vacated by SEA ROVER but, in doing so, his horse contacted the sulky wheel of SEA ROVER and, as a result, it broke and lost its chance.

Mr Ford submitted that, just prior to his horse contacting the wheel, SEA ROVER had been eased slightly and come back on him. He admitted that contact had been made. It was just “bad luck”, he said.

Submissions for Penalty:

Mr Wallis informed the Committee that Mr Ford has been driving since last season, in which he had 20 drives. In the current season, to date, he has had 7 drives. He has a clear record under the Rule. Mr Wallis referred to the starting point of a $300 fine or a 6-drives’ suspension. Mr Ford told the Committee that he would prefer a fine to a suspension.

Mr Wallis submitted that a fine of $250 was appropriate having regard to that starting point, and the mitigating factors of Mr Ford’s admission of the breach and his good record.

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point for penalty as provided in the Penalty Guide – a $300 fine. Mr Ford was entitled to a discount for his admission of the breach and his previously unblemished record. We fixed that discount at $50. The breach was no worse than mid-range and there were no aggravating 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: 83825c16344965c36748dd0d1c15bf5d


informantnumber: A09597


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/11/2017


hearing_title: Banks Peninsula TC 26 November 2017 - R 4 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 4, Stallions Australasia Trot, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Graduation Driver, Mr J R Ford, alleging that, as the driver of TIME FOR DIAMONDS in the race, “he drove carelessly near the 700 metres when allowing his horse to strike the sulky wheel of SEA ROVER causing it [his own horse] to break.”

Mr Ford was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly

Mr Wallis showed the available video replays of the incident with approximately 700 metres to run. He pointed out TIME FOR DIAMONDS, driven by Mr Ford, racing one off the fence and towards the rear of the field, following SEA ROVER (T M McMillan). He then pointed out SEA ROVER improve out into the 3-wide line to get onto the back of TROY CASTLETON. Mr Ford attempted to take up the position vacated by SEA ROVER but, in doing so, his horse contacted the sulky wheel of SEA ROVER and, as a result, it broke and lost its chance.

Mr Ford submitted that, just prior to his horse contacting the wheel, SEA ROVER had been eased slightly and come back on him. He admitted that contact had been made. It was just “bad luck”, he said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Ford having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Wallis informed the Committee that Mr Ford has been driving since last season, in which he had 20 drives. In the current season, to date, he has had 7 drives. He has a clear record under the Rule. Mr Wallis referred to the starting point of a $300 fine or a 6-drives’ suspension. Mr Ford told the Committee that he would prefer a fine to a suspension.

Mr Wallis submitted that a fine of $250 was appropriate having regard to that starting point, and the mitigating factors of Mr Ford’s admission of the breach and his good record.


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point for penalty as provided in the Penalty Guide – a $300 fine. Mr Ford was entitled to a discount for his admission of the breach and his previously unblemished record. We fixed that discount at $50. The breach was no worse than mid-range and there were no aggravating factors.


penalty:

Mr Ford was fined the sum of $250.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: S W Wallis, Stipendiary Steward


JockeysandTrainer: J R Ford, Licensed Graduation Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 0b1c0806e7f955498c70e6ea8ff95456


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 71c5f9ecd717968c97182b5ecfb457b2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/11/2017


meet_title: Banks Peninsula TC - 26 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DAnderson


meet_pm2: none


name: Banks Peninsula TC