Gore HRC 27 August 2017 – R 5 – Chair, Mr V Munro
ID: JCA17232
Meet Title:
Gore HRC - 27 August 2017
Meet Chair:
VMUnro
Meet Committee Member 1:
GHall
Meet Committee Member 2:
MConway
Race Date:
2017/08/27
Race Number:
R 5
Decision:
As the respondent admitted the breach, it is found to be proved.
Penalty:
Mr Hurrell is fined $300.
Facts:
Following the running of race 5 the Equine 2000 Mobile Pace, Mr S Renault lodged an information alleging Mr Hurrell drove carelessly near the 500 metres when shifting ground outwards, striking the sulky wheel of Laughing Cavalier which punctured and several trailing horses being hampered.
Mr Hurrell admitted the breach and had signed the Statement by the Respondent on the information form indicating this. He also wished to be present at the hearing.
Mr Renault with the aid of the video footage identified Mr Hurrell, (NOMATTERMEE) mid field in the one out, three back position. At about the 800 metres the horse in front of Mr Hurrell, LAUGHING CAVALIER starts to tire. Mr Hurrell tries to push Mr Williamson (JUSTAN’S SISTER) on his outside, out but was unable to do so.
Mr Hurrell’s horse then strikes the wheel of LAUGHING CAVALIER and breaks for a few strides. Three horses in behind were inconvenienced.
Mr Hurrell agreed with what Mr Renault had said and further stated that his horse had been travelling really good. He wanted to give every chance to his horse, he was left with nowhere to go and tried to push out.
Mr Ferguson added that the horse in front was tiring and that Mr Hurrell was naturally giving his horse every chance to finish on. It was also, lack of experience on Mr Hurrell’s behalf as there was not enough space to attempt to push out. Mr Ferguson said that Mr Hurrell’s horse, only galloped for a few strides and didn’t affect his own chances.
Submissions for Penalty:
Mr Renault stated that Mr Hurrell was in his second season as a Junior Driver. Last season he had 124 drives with 5 drives to date this season. He noted a previous breach for this rule in October 2016.
Mr Renault believed that this latest breach was mid range, it was an error of judgement that made his horse (NOMATTERMEE) gallop but also three other horses were inconvenienced.
The JCA starting point in the Penalty Guide is a $500 fine or 10 drive suspension, he asked that a fine of no less than $300 would be appropriate.
Mr Hurrell said he preferred a fine and that he was a Junior Driver and still learning.
Reasons for Penalty:
The committee believed the offending to be at the mid range of the scale, and in view of that we take a starting point of $500. The personal mitigating factors are the respondent’s frank admission of the breach, his record for the past 10 months and his relative inexperience as a driver.
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: eda7e571b6e330c9f868306e3d4acd73
informantnumber: A09853
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 29/08/2017
hearing_title: Gore HRC 27 August 2017 - R 5 - Chair, Mr V Munro
charge:
facts:
Following the running of race 5 the Equine 2000 Mobile Pace, Mr S Renault lodged an information alleging Mr Hurrell drove carelessly near the 500 metres when shifting ground outwards, striking the sulky wheel of Laughing Cavalier which punctured and several trailing horses being hampered.
Mr Hurrell admitted the breach and had signed the Statement by the Respondent on the information form indicating this. He also wished to be present at the hearing.
Mr Renault with the aid of the video footage identified Mr Hurrell, (NOMATTERMEE) mid field in the one out, three back position. At about the 800 metres the horse in front of Mr Hurrell, LAUGHING CAVALIER starts to tire. Mr Hurrell tries to push Mr Williamson (JUSTAN’S SISTER) on his outside, out but was unable to do so.
Mr Hurrell’s horse then strikes the wheel of LAUGHING CAVALIER and breaks for a few strides. Three horses in behind were inconvenienced.
Mr Hurrell agreed with what Mr Renault had said and further stated that his horse had been travelling really good. He wanted to give every chance to his horse, he was left with nowhere to go and tried to push out.
Mr Ferguson added that the horse in front was tiring and that Mr Hurrell was naturally giving his horse every chance to finish on. It was also, lack of experience on Mr Hurrell’s behalf as there was not enough space to attempt to push out. Mr Ferguson said that Mr Hurrell’s horse, only galloped for a few strides and didn’t affect his own chances.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the respondent admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Renault stated that Mr Hurrell was in his second season as a Junior Driver. Last season he had 124 drives with 5 drives to date this season. He noted a previous breach for this rule in October 2016.
Mr Renault believed that this latest breach was mid range, it was an error of judgement that made his horse (NOMATTERMEE) gallop but also three other horses were inconvenienced.
The JCA starting point in the Penalty Guide is a $500 fine or 10 drive suspension, he asked that a fine of no less than $300 would be appropriate.
Mr Hurrell said he preferred a fine and that he was a Junior Driver and still learning.
reasonsforpenalty:
The committee believed the offending to be at the mid range of the scale, and in view of that we take a starting point of $500. The personal mitigating factors are the respondent’s frank admission of the breach, his record for the past 10 months and his relative inexperience as a driver.
penalty:
Mr Hurrell is fined $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr M Hurrell - Junior Horseman
Otherperson: Mr C Ferguson - Open Horseman - Assisting Mr Hurrell
PersonPresent:
Respondent:
StipendSteward:
raceid: 0368134926ff2fb1674d8100c72e46f4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 40c98ee5c28ba1913f984014cf1878fa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/08/2017
meet_title: Gore HRC - 27 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: VMUnro
meet_pm1: GHall
meet_pm2: MConway
name: Gore HRC