Franklin TC 22 November 2013 – R 7
ID: JCA17242
Meet Title:
Franklin TC - 22 November 2013
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2013/11/22
Race Number:
R8
Decision:
As Mr McKendry admitted the breach we find the charge proved.
Penalty:
Taking all the above matters into account we impose a fine of $350.
Facts:
Following the running of Race 7, the FRUCOR CLASSIC MOBILE PACE 2200m an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr M McKendry, the driver of horse number 5, BETTORBEASTAR, alleging a breach of Rules 869(7A)(c) & 869(3)(b).
The Information alleged “You drove BETTORBEASTAR carelessly shifting inwards forcing PACIFIC RAPTURE to contact markers and lose ground near the 50 metres”.
Rule 869(3)(b) provides that:
“No horseman in any race shall drive carelessly”.
Rule 869(7A)(c) provides that:
Every horseman who moves inwards shall ensure .....(c) That the movement does not cause any other horseman, horse or sulky to any contact track marker or protrude inside the marker line.
Mr McKendry endorsed on the Information that he admitted the breach of the rule, and also “I do not wish to attend the hearing”.
Submissions for Penalty:
Mr Muirhead referred to the JCA penalty guidelines and submitted the starting point for careless driving causing a relegation is 10 drives or a $500 fine. He also referred to the starting point for a breach of Rule 869(7A) (c) which is set at 6 drives or a $300 fine. He submitted an appropriate penalty for this breach would be in the vicinity of a $400 fine.
Mr Muirhead said the breach was at least mid-range because in his view there was an element of intent on Mr McKendry’s part in that he pushed in to the gap deliberately. He said Mr McKendry had breached the careless driving Rule once in the past 12 months (February 2013). He added Mr McKendry was a skilled and busy driver and was surprised by his actions given his experience. He further submitted Mr McKendry ought to be given credit for his admission of the breach.
Mr McKendry did not lodge any submissions to penalty.
Reasons for Penalty:
The Committee reviewed the circumstances of the breach and determined Mr McKendry’s carelessness was at least mid–range, aggravated by the fact the manoeuvre was blatant and resulted in BETTORBEASTAR being relegated from 4th to 6th placing. The Committee has taken into consideration Mr McKendry’s good driving record and he had been given credit for his admission of the breach.
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: ef195cdffa8679cef1bb9cdd123b8b55
informantnumber: A2394
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2013
hearing_title: Franklin TC 22 November 2013 - R 7
charge:
facts:
Following the running of Race 7, the FRUCOR CLASSIC MOBILE PACE 2200m an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr M McKendry, the driver of horse number 5, BETTORBEASTAR, alleging a breach of Rules 869(7A)(c) & 869(3)(b).
The Information alleged “You drove BETTORBEASTAR carelessly shifting inwards forcing PACIFIC RAPTURE to contact markers and lose ground near the 50 metres”.
Rule 869(3)(b) provides that:
“No horseman in any race shall drive carelessly”.
Rule 869(7A)(c) provides that:
Every horseman who moves inwards shall ensure .....(c) That the movement does not cause any other horseman, horse or sulky to any contact track marker or protrude inside the marker line.
Mr McKendry endorsed on the Information that he admitted the breach of the rule, and also “I do not wish to attend the hearing”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McKendry admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA penalty guidelines and submitted the starting point for careless driving causing a relegation is 10 drives or a $500 fine. He also referred to the starting point for a breach of Rule 869(7A) (c) which is set at 6 drives or a $300 fine. He submitted an appropriate penalty for this breach would be in the vicinity of a $400 fine.
Mr Muirhead said the breach was at least mid-range because in his view there was an element of intent on Mr McKendry’s part in that he pushed in to the gap deliberately. He said Mr McKendry had breached the careless driving Rule once in the past 12 months (February 2013). He added Mr McKendry was a skilled and busy driver and was surprised by his actions given his experience. He further submitted Mr McKendry ought to be given credit for his admission of the breach.
Mr McKendry did not lodge any submissions to penalty.
reasonsforpenalty:
The Committee reviewed the circumstances of the breach and determined Mr McKendry’s carelessness was at least mid–range, aggravated by the fact the manoeuvre was blatant and resulted in BETTORBEASTAR being relegated from 4th to 6th placing. The Committee has taken into consideration Mr McKendry’s good driving record and he had been given credit for his admission of the breach.
penalty:
Taking all the above matters into account we impose a fine of $350.
hearing_type: Hearing
Rules: 869(7A)(c) & 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr M McKendry - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4cae6029a5d2f77b1705fdd20f775dcf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7c71f0e8cd120c72eb8c37cfd6a71fc4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/11/2013
meet_title: Franklin TC - 22 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Franklin TC