Rangiora HRC 13 August 2017 – R 1 – Chair, Mr S Ching
ID: JCA17453
Meet Title:
Rangiora HRC - 13 August 2017
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2017/08/13
Race Number:
R1
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Anderson was suspended from the conclusion of racing today, 13 August, up to and including 29 September 2017. He is also fined the sum of $200.
Facts:
Following the running of Race 1, the Bishopdale-Bush Inn TAB’S & Tavern Harewood Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren, against Advanced Amateur Horseman, Mr J Anderson, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 100m by allowing MARKIM to contact the sulky wheel of LLOYDIN MAGIC causing your horse to check.
Mr Anderson had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with. Mr Anderson was assisted at the hearing by Open Horseman, Mr R Holmes.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr S Wallis, to show that approaching the 100m, MARKIM, driven by Mr Anderson was in a 2-wide position behind the leaders. Mr Ydgren stated that Mr Anderson put MARKIM under some pressure with the whip and was improving but near the 100m came to an abrupt halt when making contact with the sulky wheel of LLOYDIN MAGIC, driven by Mr A Edge. Mr Ydgren pointed out on the head on film that there was never a clear run for Mr Anderson to improve into and as a result ran up onto the wheel of LLOYDIN MAGIC. As a consequence, MARKIM breaks for several strides. He stated that Mr Anderson was “head down, bum up” and with the horse responding well tried to take a gap that was not a clear run.
Mr Holmes stated that there was a bit to be learned by Mr Anderson from the films and that he would assist Mr Anderson in the future.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Anderson has had 5 drives last season with 1 drive so far, this season. He said that Mr Anderson was a relatively inexperienced driver, had admitted the breach at the first opportunity and that he had a clear penalty record to date. Mr Ydgren stated that the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 fine as a starting point for a breach of this rule. Mr Ydgren stated that the level of this breach was mid-range and submitted that a minor uplift in penalty was warranted. He submitted that a fine in the vicinity of $350 be considered as penalty in this case.
Mr Anderson stated that he was not in a financial position to pay a fine as submitted by Mr Ydgren, and requested that consideration be given to a mix of penalty being a suspension and a fine.
Mr Ydgren stated that the Stewards would not oppose a mix of penalty due to the financial constraints of Mr Anderson.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 fine for a mid-range breach of this rule. We find the level of carelessness to be above mid-range which we determined warranted an uplift in starting point. This uplift we set at $50 taking the fine to $550. There were no aggravating factors to consider so a further uplift in penalty was not deemed necessary. In mitigation Mr Anderson's frank admission of the breach, his good record and his relative inexperience were factors to consider. We set a combined discount of $200 for these elements.
Mr Anderson’s submission for a mix of penalty due to his financial circumstances was taken into account with the Committee determining that a period of suspension and a fine was an appropriate penalty. Amateurs have the opportunity to drive twice per month so the Committee have calculated that a suspension until 29 September would equate to 3 drives. This suspension combined with a fine of $200 we determined was equivalent to a $350 fine which is an appropriate penalty in this case.
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: e5794b0475986ab318b6d35e41a43f78
informantnumber: A5527
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869 (3) (b)
plea: admitted
penaltyrequired: 1
decisiondate: 13/08/2017
hearing_title: Rangiora HRC 13 August 2017 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Bishopdale-Bush Inn TAB’S & Tavern Harewood Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren, against Advanced Amateur Horseman, Mr J Anderson, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 100m by allowing MARKIM to contact the sulky wheel of LLOYDIN MAGIC causing your horse to check.
Mr Anderson had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with. Mr Anderson was assisted at the hearing by Open Horseman, Mr R Holmes.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr S Wallis, to show that approaching the 100m, MARKIM, driven by Mr Anderson was in a 2-wide position behind the leaders. Mr Ydgren stated that Mr Anderson put MARKIM under some pressure with the whip and was improving but near the 100m came to an abrupt halt when making contact with the sulky wheel of LLOYDIN MAGIC, driven by Mr A Edge. Mr Ydgren pointed out on the head on film that there was never a clear run for Mr Anderson to improve into and as a result ran up onto the wheel of LLOYDIN MAGIC. As a consequence, MARKIM breaks for several strides. He stated that Mr Anderson was “head down, bum up” and with the horse responding well tried to take a gap that was not a clear run.
Mr Holmes stated that there was a bit to be learned by Mr Anderson from the films and that he would assist Mr Anderson in the future.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Anderson has had 5 drives last season with 1 drive so far, this season. He said that Mr Anderson was a relatively inexperienced driver, had admitted the breach at the first opportunity and that he had a clear penalty record to date. Mr Ydgren stated that the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 fine as a starting point for a breach of this rule. Mr Ydgren stated that the level of this breach was mid-range and submitted that a minor uplift in penalty was warranted. He submitted that a fine in the vicinity of $350 be considered as penalty in this case.
Mr Anderson stated that he was not in a financial position to pay a fine as submitted by Mr Ydgren, and requested that consideration be given to a mix of penalty being a suspension and a fine.
Mr Ydgren stated that the Stewards would not oppose a mix of penalty due to the financial constraints of Mr Anderson.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 fine for a mid-range breach of this rule. We find the level of carelessness to be above mid-range which we determined warranted an uplift in starting point. This uplift we set at $50 taking the fine to $550. There were no aggravating factors to consider so a further uplift in penalty was not deemed necessary. In mitigation Mr Anderson's frank admission of the breach, his good record and his relative inexperience were factors to consider. We set a combined discount of $200 for these elements.
Mr Anderson’s submission for a mix of penalty due to his financial circumstances was taken into account with the Committee determining that a period of suspension and a fine was an appropriate penalty. Amateurs have the opportunity to drive twice per month so the Committee have calculated that a suspension until 29 September would equate to 3 drives. This suspension combined with a fine of $200 we determined was equivalent to a $350 fine which is an appropriate penalty in this case.
penalty:
Accordingly, Mr Anderson was suspended from the conclusion of racing today, 13 August, up to and including 29 September 2017. He is also fined the sum of $200.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N Ydgren- Chief Stipendiary Steward
JockeysandTrainer: J Anderson-Advanced Amateur Horseman
Otherperson: R Holmes-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 6a773cfc0d1cf1213002785119fe97c8
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: 54373c311738a7bd130af91994c331a4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/08/2017
meet_title: Rangiora HRC - 13 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Rangiora HRC