Banks Peninsula TC 21 March 2021 – R 2 – Chair, Mr R McKenzie
ID: JCA16885
Meet Title:
Banks Peninsula TC - 21 March 2021
Meet Chair:
RMcKenzie
Race Date:
2021/03/21
Race Number:
R2
Decision:
Mr Newman having admitted the breach, the charge was found proved.
Penalty:
Mr Newman is fined the sum of $200.
Facts:
Following the running of Race 2, Graham Consulting Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Mr KT Newman, alleging that, as the Driver of MAXIMILIAN in the race, he drove carelessly near the 500 metres when striking the sulky wheel of BLITZEM BROMAC (JD Harrington) which punctured”.
Mr Newman had signed the Statement by the Respondent on the Information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present. He was assisted at the hearing by Licensed Open Driver, Mr T M Williams.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
Mr Renault showed a video replay of the relevant part of the race, with approximately 600 metres to run. He pointed out MAXIMILIAN, driven by Mr Newman, racing in last position in the one-out line, trailing BLITZEM BROMAC, driven by Mr Harrington. Mr Newman then shifted ground outwards around Mr Harrington and, as he did so, the leg of his horse made contact with the sulky wheel of BLITZEM BROMAC, with the tube on the sulky wheel of that runner coming away and wrapping around the axle. Mr Newman had made a slight error of judgement, Mr Renault said.
Mr Newman said that the contact had been only slight.
Submissions for Penalty:
Mr Renault said that Mr Newman has an excellent record under the Rule. He has had 153 drives this season and, last season, had 94 drives
Mr Renault referred to the Penalty Guide starting point for striking a wheel of a 6-drivessuspension or a $300 fine. He pointed out the provision in the Penalty Guide that the consequences of hitting the wheel go to penalty. He submitted that it was an aggravating factor that Mr Harrington’s runner’s chances may have been affected. Mitigating factors were that Mr Newman is a Junior Driver with a “terrific record”. He submitted that a fine of $300 was appropriate.
Mr Williams said that Mr Newman had admitted the breach at the first opportunity and had a clean record. He was a Junior Driver and submitted that a fine at the lower end of the scale would be appropriate.
Reasons for Penalty:
The Penalty Guide starting point for hitting a wheel is a 6-drive suspension or a $300 fine. This breach can adequately be dealt with by way of a fine and the Committee has taken $300 as the starting point.
Mr Renault submitted that the consequences to Mr Harrington’s runner was possibly an aggravating factor but the Committee does not intend to take it into account, as there must be some doubt that the chances of Mr Harrington’s runner were affected. Mr Newman is given a discount for his admission of the breach and his Junior Driver status and, in particular, his very commendable driving record and that factor alone warrants a significant discount from the $300 starting point.
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: ae6bab4ed26c16a2c9453c4bd738ca0d
informantnumber: A13658
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 23/03/2021
hearing_title: Banks Peninsula TC 21 March 2021 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Graham Consulting Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Mr KT Newman, alleging that, as the Driver of MAXIMILIAN in the race, he drove carelessly near the 500 metres when striking the sulky wheel of BLITZEM BROMAC (JD Harrington) which punctured”.
Mr Newman had signed the Statement by the Respondent on the Information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present. He was assisted at the hearing by Licensed Open Driver, Mr T M Williams.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
Mr Renault showed a video replay of the relevant part of the race, with approximately 600 metres to run. He pointed out MAXIMILIAN, driven by Mr Newman, racing in last position in the one-out line, trailing BLITZEM BROMAC, driven by Mr Harrington. Mr Newman then shifted ground outwards around Mr Harrington and, as he did so, the leg of his horse made contact with the sulky wheel of BLITZEM BROMAC, with the tube on the sulky wheel of that runner coming away and wrapping around the axle. Mr Newman had made a slight error of judgement, Mr Renault said.
Mr Newman said that the contact had been only slight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Newman having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mr Newman has an excellent record under the Rule. He has had 153 drives this season and, last season, had 94 drives
Mr Renault referred to the Penalty Guide starting point for striking a wheel of a 6-drivessuspension or a $300 fine. He pointed out the provision in the Penalty Guide that the consequences of hitting the wheel go to penalty. He submitted that it was an aggravating factor that Mr Harrington’s runner’s chances may have been affected. Mitigating factors were that Mr Newman is a Junior Driver with a “terrific record”. He submitted that a fine of $300 was appropriate.
Mr Williams said that Mr Newman had admitted the breach at the first opportunity and had a clean record. He was a Junior Driver and submitted that a fine at the lower end of the scale would be appropriate.
reasonsforpenalty:
The Penalty Guide starting point for hitting a wheel is a 6-drive suspension or a $300 fine. This breach can adequately be dealt with by way of a fine and the Committee has taken $300 as the starting point.
Mr Renault submitted that the consequences to Mr Harrington’s runner was possibly an aggravating factor but the Committee does not intend to take it into account, as there must be some doubt that the chances of Mr Harrington’s runner were affected. Mr Newman is given a discount for his admission of the breach and his Junior Driver status and, in particular, his very commendable driving record and that factor alone warrants a significant discount from the $300 starting point.
penalty:
Mr Newman is fined the sum of $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr KT Newman - Licensed Junior Driver
Otherperson: Mr TM Williams - Licensed Open Driver, Mr SP Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4c48b3a8d0bffc056563c3f5e5d99c49
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7b2f09d03861c79f29b6b3288d9a65a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2021
meet_title: Banks Peninsula TC - 21 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: Banks Peninsula TC