Methven TC 16 October 2016 – R 7 – Chair, Mr R McKenzie
ID: JCA16816
Meet Title:
Methven TC - 16 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DJackson
Race Date:
2016/10/16
Race Number:
R7
Decision:
Mr Payne having admitted the charge, the charge was found proved.
Penalty:
Mr Payne was fined the sum of $300.
Facts:
Following the running of Race 7, Kelly’s Café & Bar Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr S M Payne, alleging a breach of Rule 869 (3) (b) in that Mr Payne, as the diver of MRS BROWN’S BOY in the race, “nearing the 1000 metres he drove carelessly when allowing his runner to contact the sulky wheel of SPARKLING DELIGHT (M J Anderson) which punctured”.
Mr Payne was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr J W Cox.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault showed a video replay of the incident just prior to the 1000 metres He pointed out MRS BROWN’S BOY, driven by Mr Payne, racing four places back on the markers at that point trailing SPARKLING DELIGHT, driven by Mr Anderson. AVEROSS BRACHOLE (J D Markham) was racing in the one-out line to the outside of and behind Mr Payne.
Mr Ydgren then pointed out Mr Payne attempt to ease Mr Markham wider and shift into a one-out position after the runner outside of him had shifted into a 3-wide position and, in doing so, struck the outside sulky wheel of SPARKLING DELIGHT. Mr Payne’s horse could be seen to pace roughly for several strides at that point, Mr Ydgren said. Mr Ydgren then showed a video replay of the final stages of the races on which it could be clearly seen that the right hand sulky tyre of SPARKLING DELIGHT had come off the wheel rim.
Neither Mr Payne nor Mr Cox wished to comment on the incident.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Payne was in his first season of driving and has had 11 drives for one win. Taking this into account and his admission of the breach, a discount from the Penalty Guide starting point of a fine if $500 was appropriate. Mr Ydgren submitted that an appropriate penalty would be a fine of approximately $300.
Mr Payne was asked by the Committee whether he would like the Committee to consider a term of suspension in lieu of a fine, but he indicated that he would prefer to be fined. He did not wish to say anything further regarding penalty.
Reasons for Penalty:
In determining penalty, the Committee took the starting point for a breach of the Rule as provided in the Penalty Guide – that is to say, a fine of $500 – a suspension not being required in this case. Mitigating factors were Mr Payne’s admission of the breach and his previous clear record, albeit from a limited number of drives. Mr Payne’s inexperience was another factor that the Committee took into account. The Committee decided that a discount of $200 was appropriate for those factors.
An aggravating factor was that the chances of SPARKLING DELIGHT were, quite clearly, affected as the tyre had come off the wheel rim as a result of the contact. However, we have not increased the starting point for this factor.
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: a49475f3c91da14641de24288d944c2a
informantnumber: A8313
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/10/2016
hearing_title: Methven TC 16 October 2016 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Kelly’s Café & Bar Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr S M Payne, alleging a breach of Rule 869 (3) (b) in that Mr Payne, as the diver of MRS BROWN’S BOY in the race, “nearing the 1000 metres he drove carelessly when allowing his runner to contact the sulky wheel of SPARKLING DELIGHT (M J Anderson) which punctured”.
Mr Payne was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr J W Cox.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault showed a video replay of the incident just prior to the 1000 metres He pointed out MRS BROWN’S BOY, driven by Mr Payne, racing four places back on the markers at that point trailing SPARKLING DELIGHT, driven by Mr Anderson. AVEROSS BRACHOLE (J D Markham) was racing in the one-out line to the outside of and behind Mr Payne.
Mr Ydgren then pointed out Mr Payne attempt to ease Mr Markham wider and shift into a one-out position after the runner outside of him had shifted into a 3-wide position and, in doing so, struck the outside sulky wheel of SPARKLING DELIGHT. Mr Payne’s horse could be seen to pace roughly for several strides at that point, Mr Ydgren said. Mr Ydgren then showed a video replay of the final stages of the races on which it could be clearly seen that the right hand sulky tyre of SPARKLING DELIGHT had come off the wheel rim.
Neither Mr Payne nor Mr Cox wished to comment on the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Payne having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Payne was in his first season of driving and has had 11 drives for one win. Taking this into account and his admission of the breach, a discount from the Penalty Guide starting point of a fine if $500 was appropriate. Mr Ydgren submitted that an appropriate penalty would be a fine of approximately $300.
Mr Payne was asked by the Committee whether he would like the Committee to consider a term of suspension in lieu of a fine, but he indicated that he would prefer to be fined. He did not wish to say anything further regarding penalty.
reasonsforpenalty:
In determining penalty, the Committee took the starting point for a breach of the Rule as provided in the Penalty Guide – that is to say, a fine of $500 – a suspension not being required in this case. Mitigating factors were Mr Payne’s admission of the breach and his previous clear record, albeit from a limited number of drives. Mr Payne’s inexperience was another factor that the Committee took into account. The Committee decided that a discount of $200 was appropriate for those factors.
An aggravating factor was that the chances of SPARKLING DELIGHT were, quite clearly, affected as the tyre had come off the wheel rim as a result of the contact. However, we have not increased the starting point for this factor.
penalty:
Mr Payne was fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: S M Payne, Licensed Junior Driver
Otherperson: J W Cox, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 608d13ff4a42bdc09543d11f29f0d05a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 98a93da21a341812cce6cf9fd77efb03
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meet_emailed1: 0
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meetdate: 16/10/2016
meet_title: Methven TC - 16 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DJackson
meet_pm2: none
name: Methven TC