NZ Metro TC 14 October 2016 – R 3 – Chair, Mr D Jackson
ID: JCA16105
Meet Title:
NZ Metro TC - 14 October 2016
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/10/14
Race Number:
R 3
Decision:
Mr Hurrell admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
Penalty:
Accordingly, Mr Hurrell is suspended from driving for two days namely 20 and 23 October 2016 both at Forbury.
Facts:
Mr Hurrell is charged with careless driving. He is alleged to have shifted inward while driving 'Vera’s Delight' with approximately 1500m to run, thereby checking 'Sails' driven by Mr C de Filippi which broke and lost all chance.
Mr Hurrell, having had the benefit of initial advice and representation from his employer Mr McLellan, admitted the charge, countersigned the information and attended the hearing in person (without Mr McLellan).
Mr Renault replayed the early stages of the race from all available angles and in particular emphasised that Mr Hurrell had challenged for the lead, which tactic he abandoned in preference for easing back and looking for the trail. Initially, there was sufficient room for Mr Hurrell to complete such a move. However, by his own admission and as is clear on the video Mr Hurrell took too long to move down onto the markers and failed to see that Mr de Filippi had hunted up along the markers on 'Sails' thereby closing the gap. The result was that Mr Hurrell ran out of room within which to move down onto the markers but carried on with the movement thereby impeding Mr de Filippi. Mr Hurrell did look but it was too late by then.
Submissions for Penalty:
Mr Renault submitted that Mr Hurrell was an inexperienced junior horseman with only 11 raceday drives to his name. Mr Renault submitted, having regard to the JCA Sentencing Penalty Guidelines, the start point was a $500 fine. In the alternative, Mr Renault submitted that given his inexperience and his immediate admission that Mr Hurrell be dealt with by way of a two day suspension. He was scheduled and confirmed to drive in three races at Gore on Sunday 16th October. If a suspension was imposed it would apply to Mr Hurrell’s commitments at Forbury Park on 20 and 23 October (the latter being the Tuapeka HRC meeting).
Mr Hurrell accepted fault and asked to be dealt with by way of suspension. He conceded that he “took too long to get down” onto the markers.
Reasons for Penalty:
The committee considers this a clear case of careless driving. We assess Mr Hurrell’s culpability as medium. In his own words, he took too long to get down on the markers and impeded 'Sails', which broke and lost all chance.
Having regard to the JCA Sentencing Guidelines, the Committee considers a fine of $500 would be inappropriate for an inexperienced junior horseman whose culpability is in taking too long to complete a movement inwards to the markers. A suspension is appropriate.
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: bca35ed12e15fcc312cfcbecd74b89aa
informantnumber: A8370
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 16/10/2016
hearing_title: NZ Metro TC 14 October 2016 - R 3 - Chair, Mr D Jackson
charge:
facts:
Mr Hurrell is charged with careless driving. He is alleged to have shifted inward while driving 'Vera’s Delight' with approximately 1500m to run, thereby checking 'Sails' driven by Mr C de Filippi which broke and lost all chance.
Mr Hurrell, having had the benefit of initial advice and representation from his employer Mr McLellan, admitted the charge, countersigned the information and attended the hearing in person (without Mr McLellan).
Mr Renault replayed the early stages of the race from all available angles and in particular emphasised that Mr Hurrell had challenged for the lead, which tactic he abandoned in preference for easing back and looking for the trail. Initially, there was sufficient room for Mr Hurrell to complete such a move. However, by his own admission and as is clear on the video Mr Hurrell took too long to move down onto the markers and failed to see that Mr de Filippi had hunted up along the markers on 'Sails' thereby closing the gap. The result was that Mr Hurrell ran out of room within which to move down onto the markers but carried on with the movement thereby impeding Mr de Filippi. Mr Hurrell did look but it was too late by then.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hurrell admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
sumissionsforpenalty:
Mr Renault submitted that Mr Hurrell was an inexperienced junior horseman with only 11 raceday drives to his name. Mr Renault submitted, having regard to the JCA Sentencing Penalty Guidelines, the start point was a $500 fine. In the alternative, Mr Renault submitted that given his inexperience and his immediate admission that Mr Hurrell be dealt with by way of a two day suspension. He was scheduled and confirmed to drive in three races at Gore on Sunday 16th October. If a suspension was imposed it would apply to Mr Hurrell’s commitments at Forbury Park on 20 and 23 October (the latter being the Tuapeka HRC meeting).
Mr Hurrell accepted fault and asked to be dealt with by way of suspension. He conceded that he “took too long to get down” onto the markers.
reasonsforpenalty:
The committee considers this a clear case of careless driving. We assess Mr Hurrell’s culpability as medium. In his own words, he took too long to get down on the markers and impeded 'Sails', which broke and lost all chance.
Having regard to the JCA Sentencing Guidelines, the Committee considers a fine of $500 would be inappropriate for an inexperienced junior horseman whose culpability is in taking too long to complete a movement inwards to the markers. A suspension is appropriate.
penalty:
Accordingly, Mr Hurrell is suspended from driving for two days namely 20 and 23 October 2016 both at Forbury.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr M Hurrell - Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f5f280ed30ea5c7d2b62904f488acda5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 282af86a61a2efa6c4a335e08cfc29ce
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/10/2016
meet_title: NZ Metro TC - 14 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC