Amberley TC 6 February 2014 – R 9
ID: JCA15626
Meet Title:
Amberley TC - 6 February 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/02/06
Race Number:
R9
Decision:
Miss Law having admitted the breach, the charge was found proved.
Penalty:
Miss Law's driver's licence was suspended up to and including Thursday, 27 February 2013. The meetings intended to be encompassed by the suspension are either Banks Peninsula on 14 February or Addington on 15 February, Methven on 21 February, Timaru on 23 February and Addington on 27 February – effectively, 4 driving days. The intention was that the 4 days’ suspension should equate to 4 drives or a $200 fine.
Facts:
Following the running of Race 9, Dawe Contracting Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Miss J A Law, alleging that Miss Law, as the driver of MAJOR MORRIS in the race, “drove carelessly in the initial stages when shifting down the track when not sufficiently clear of THE MIGHTY FALCON (T D Bagrie) which was checked and broke”.
Miss Law was present at the hearing of the information and she indicated that she admitted the charge.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Ydgren showed head-on and side-on video replays of the incident, approximately 200 metres after the start of the 1950 metres mobile start event.
He pointed out MAJOR MORRIS, driven by Miss Law, which had drawn the outside barrier position, widest on the track, and THE MIGHTY FALCON (T D Bagrie) on her immediate inside. He showed that THE MIGHTY FALCON became “awkwardly placed” close to the wheel of MAJOR MORRIS. Mr Bagrie became crowded and ran out of room and there was contact between the legs of THE MIGHTY FALCON and Miss Law’s sulky wheel. THE MIGHTY FALCON galloped for a short distance and settled at the rear of the field. Mr Bagrie had advised the Stewards that he did not believe that his chances had been affected.
Miss Law submitted that RAPID MACH (D J Dunn) had contributed by moving out onto Mr Bagrie. Her own horse got its head round and had “ducked in”, she submitted. Mr Ydgren did not agree that there had been any pressure from Miss Law’s inside. However, he agreed that Miss Law’s horse did “duck in a fraction” but the damage had already been done, he said.
Submissions for Penalty:
Mr Ydgren informed the Committee that Miss Law has had 2 drives in the current season and had a total of 10 in the previous 4 seasons. She had a clear record.
The Stewards classified the breach as a “simple error of judgment”. Miss Law had not allowed Mr Bagrie sufficient room as a consequence of which Mr Bagrie’s horse had broken and lost some ground. The breach was not at the high end of the scale but, rather, low to mid, he submitted. He referred to the starting point in the Penalty Guide of a $400 fine or 8 drives. Mr Ydgren referred to Miss Law’s clear record and her admission of the breach and submitted that a $200 fine was appropriate.
Miss Law said that she was not in a position to pay a fine. In relation to a suspension, Miss Law told the Committee that she would be driving MAJOR MORRIS in the next few weeks and a horse of her own would be racing towards the end of the month. The trainer of MAJOR MORRIS, Mr Williams, has another horse that she would be driving. She could have as many as three horses to drive in coming weeks.
In response, Mr Ydgren said that he had no objection to a suspension and he would leave the period of suspension to the Committee.
The Committee looked at upcoming meetings. They were Banks Peninsula on 14 February, Addington on 15 February, Methven on 21 February, Timaru on 23 February and Addington on 27 February.
Reasons for Penalty:
In deciding penalty, the Committee had regard to Miss Law’s admission of the breach and her clear record. The Committee agreed with Mr Ydgren’s submission that a fine of $200 was an appropriate penalty for the particular breach. However, the Committee took into account Miss Law’s submission that she was not in a position to pay a fine. The Committee accepted that the breach was in the low to mid range and was the result of an error of judgement on Miss Law’s part. The Committee noted that this was only Miss Law’s second drive for the season.
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: bd62e0c433130eea533e508ed5494926
informantnumber: A6118
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 10/02/2014
hearing_title: Amberley TC 6 February 2014 - R 9
charge:
facts:
Following the running of Race 9, Dawe Contracting Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Miss J A Law, alleging that Miss Law, as the driver of MAJOR MORRIS in the race, “drove carelessly in the initial stages when shifting down the track when not sufficiently clear of THE MIGHTY FALCON (T D Bagrie) which was checked and broke”.
Miss Law was present at the hearing of the information and she indicated that she admitted the charge.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Ydgren showed head-on and side-on video replays of the incident, approximately 200 metres after the start of the 1950 metres mobile start event.
He pointed out MAJOR MORRIS, driven by Miss Law, which had drawn the outside barrier position, widest on the track, and THE MIGHTY FALCON (T D Bagrie) on her immediate inside. He showed that THE MIGHTY FALCON became “awkwardly placed” close to the wheel of MAJOR MORRIS. Mr Bagrie became crowded and ran out of room and there was contact between the legs of THE MIGHTY FALCON and Miss Law’s sulky wheel. THE MIGHTY FALCON galloped for a short distance and settled at the rear of the field. Mr Bagrie had advised the Stewards that he did not believe that his chances had been affected.
Miss Law submitted that RAPID MACH (D J Dunn) had contributed by moving out onto Mr Bagrie. Her own horse got its head round and had “ducked in”, she submitted. Mr Ydgren did not agree that there had been any pressure from Miss Law’s inside. However, he agreed that Miss Law’s horse did “duck in a fraction” but the damage had already been done, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Law having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Miss Law has had 2 drives in the current season and had a total of 10 in the previous 4 seasons. She had a clear record.
The Stewards classified the breach as a “simple error of judgment”. Miss Law had not allowed Mr Bagrie sufficient room as a consequence of which Mr Bagrie’s horse had broken and lost some ground. The breach was not at the high end of the scale but, rather, low to mid, he submitted. He referred to the starting point in the Penalty Guide of a $400 fine or 8 drives. Mr Ydgren referred to Miss Law’s clear record and her admission of the breach and submitted that a $200 fine was appropriate.
Miss Law said that she was not in a position to pay a fine. In relation to a suspension, Miss Law told the Committee that she would be driving MAJOR MORRIS in the next few weeks and a horse of her own would be racing towards the end of the month. The trainer of MAJOR MORRIS, Mr Williams, has another horse that she would be driving. She could have as many as three horses to drive in coming weeks.
In response, Mr Ydgren said that he had no objection to a suspension and he would leave the period of suspension to the Committee.
The Committee looked at upcoming meetings. They were Banks Peninsula on 14 February, Addington on 15 February, Methven on 21 February, Timaru on 23 February and Addington on 27 February.
reasonsforpenalty:
In deciding penalty, the Committee had regard to Miss Law’s admission of the breach and her clear record. The Committee agreed with Mr Ydgren’s submission that a fine of $200 was an appropriate penalty for the particular breach. However, the Committee took into account Miss Law’s submission that she was not in a position to pay a fine. The Committee accepted that the breach was in the low to mid range and was the result of an error of judgement on Miss Law’s part. The Committee noted that this was only Miss Law’s second drive for the season.
penalty:
Miss Law's driver's licence was suspended up to and including Thursday, 27 February 2013. The meetings intended to be encompassed by the suspension are either Banks Peninsula on 14 February or Addington on 15 February, Methven on 21 February, Timaru on 23 February and Addington on 27 February – effectively, 4 driving days. The intention was that the 4 days’ suspension should equate to 4 drives or a $200 fine.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: J A Law, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8cc5b85a44f10b751d73b3afcabee319
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6e903f3b6b6565c19c669354d8b5554a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2014
meet_title: Amberley TC - 6 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Amberley TC