Archive Decision

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Morrinsville TC 8 December 2011 – R 1

ID: JCA16814

Applicant:
Mr T W Taumanu - Stipendiary Steward

Respondent(s):
Mr D J Butcher - Licensed Driver

Information Number:
69052

Hearing Type:
Hearing

Rules:
869(3)(b) Careless Driving

Plea:
admitted

Meet Title:
Morrinsville TC - 8 December 2011

Meet Chair:
JHolloway

Meet Committee Member 1:
ADooley

Race Date:
2011/12/08

Race Number:
R1

Decision:

As the breach was admitted, the charge was found proved.

Penalty:

Mr Butcher is fined $200.

Charge:

Mr D J Butcher, the driver of CLIVE BROMAC in race 1, drove carelessly when he moved in and struck the sulky wheel on the horse, JEN MARIE, resulting in CLIVE BROMAC breaking with 500 metres to run.

Facts:

Stipendiary Steward, Mr Taumanu, referred to video footage of the relevant stage of the race and identified Mr Butcher approximately 4 to 5 wide moving inwards and Mr Mangos moving from the running line outwards.  As Mr Butcher moved in behind Mr Mangos, his horse struck the sulky wheel which caused his own horse to break.  Mr Butcher's horse lost all chance but Mr Mangos was unaffected by the contact.

Submissions for Penalty:

Mr Taumanu said that the breach was right at the lower end of the scale and that Mr Butcher had an excellent driving record.  He sought a fine of $200.00.

Mr Butcher told the hearing that the horse was renowned for its bad manners and in similar circumstances, normally such minor contact would not have resulted in the horse breaking.  He admitted his actions were careless but the horses behaviour had been the most contributing factor.  He submitted the breach was very minor and that a lesser fine would be appropriate.

Reasons for Penalty:

We accept that the breach was very much at the lower end of the scale and that the horse's manners have contributed to the breach.  We also accept that Mr Butcher is a senior horseman with an excellent driving record who acknowledged his liability.  The JCA penalty guidelines and penalty record list for this breach indicate a minimum penalty of $200.00 which we consider to be fair.

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: a3ef60ca108fb829eb3230e9ebf31cba


informantnumber: 69052


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/12/2011


hearing_title: Morrinsville TC 8 December 2011 - R 1


charge:

Mr D J Butcher, the driver of CLIVE BROMAC in race 1, drove carelessly when he moved in and struck the sulky wheel on the horse, JEN MARIE, resulting in CLIVE BROMAC breaking with 500 metres to run.


facts:

Stipendiary Steward, Mr Taumanu, referred to video footage of the relevant stage of the race and identified Mr Butcher approximately 4 to 5 wide moving inwards and Mr Mangos moving from the running line outwards.  As Mr Butcher moved in behind Mr Mangos, his horse struck the sulky wheel which caused his own horse to break.  Mr Butcher's horse lost all chance but Mr Mangos was unaffected by the contact.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted, the charge was found proved.


sumissionsforpenalty:

Mr Taumanu said that the breach was right at the lower end of the scale and that Mr Butcher had an excellent driving record.  He sought a fine of $200.00.

Mr Butcher told the hearing that the horse was renowned for its bad manners and in similar circumstances, normally such minor contact would not have resulted in the horse breaking.  He admitted his actions were careless but the horses behaviour had been the most contributing factor.  He submitted the breach was very minor and that a lesser fine would be appropriate.


reasonsforpenalty:

We accept that the breach was very much at the lower end of the scale and that the horse's manners have contributed to the breach.  We also accept that Mr Butcher is a senior horseman with an excellent driving record who acknowledged his liability.  The JCA penalty guidelines and penalty record list for this breach indicate a minimum penalty of $200.00 which we consider to be fair.


penalty:

Mr Butcher is fined $200.


hearing_type: Hearing


Rules: 869(3)(b) Careless Driving


Informant: Mr T W Taumanu - Stipendiary Steward


JockeysandTrainer: Mr D J Butcher - Licensed Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 09fc5aa2f3d3d4969caabfa0541d21a3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8a8ca3ccb89fe9aa46cc711198b88888


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/12/2011


meet_title: Morrinsville TC - 8 December 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]


meet_otherexp:


tracklocation: morrinsville-tc


meet_racingtype: harness-racing


meet_chair: JHolloway


meet_pm1: ADooley


meet_pm2: none


name: Morrinsville TC