Ashburton TC 29 April 2017 – R 8 – Chair, Mr S Ching
ID: JCA17733
Meet Title:
Ashburton TC - 29 April 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/04/29
Race Number:
R8
Decision:
As Mr Dunn had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Dunn was fined the sum of $300.
Facts:
Following the running of Race 8, the Legends of Mid Canterbury Mobile Pace, an information was filed by Senior Stipendiary Steward, Mr J Muirhead against Open Horseman, Mr J Dunn, alleging a breach of Rule 869(3)(b) in that he drove carelessly, when driving CRACKAMOA, by shifting ground outwards near the 200m, when not clear of UNICO LEGEND, driven by Mr R May, which broke.
Mr Dunn had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Dunn also confirmed he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Muirhead gave evidence and used video coverage to show that as the field was entering the home straight CRACKAMOA, driven by Mr Dunn was racing 3 deep on the running line. Mr Muirhead pointed out Mr Dunn looking to improve outward with UNICO LEGEND, driven by Mr May, improving on Mr Dunn’s outside. He stated that Mr Dunn shifted out into the line of Mr May when not clear and as a result the sulky wheel of CRACKAMOA came into contact with the leg OF UNICO LEGEND, which caused that horse to break.
Mr Dunn stated that CRACKAMOA was hanging out at the time of the incident. He said that he did take a quick look on his outside before moving out but that he had misjudged the manoeuvre and had shifted into Mr May’s line when not clear.
Submissions for Penalty:
Mr Muirhead stated that the JCA Penalty Guidelines recommend a starting point of a 10-drive suspension or a fine of $500. He also informed the Committee that Mr Dunn had a clear record in regard to this rule over the past 4 months and that this breach should be treated as a first offence. He said Mr Dunn was one of our most active drivers and had admitted the breach in a frank and forthright manner. Mr Muirhead said that the level of carelessness was mid-range and submitted that a fine in the vicinity of $350 be considered as penalty in this case.
Mr Dunn submitted that he would prefer a fine as penalty and that fine as small as possible.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Dunn’s frank and forthright admission of the breach and his good record. Mr Dunn is a very busy driver with statistics showing that he had driven on 440 occasions to date this season and 723 drives last season. The JCA Penalty Guide suggests a starting point of a $500 fine or a 10-drive suspension for a breach of this rule. The Committee determined that a fine was an appropriate penalty in this case and after adopting the starting point of a $500 fine we were able to afford Mr Dunn a discount of 1 day for his frank admission of the breach and a further discount of $100 for his good record. We therefore determined that a $300 fine was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: e61f91d48ad1e8970633fef21c3265ca
informantnumber: A7718
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 30/04/2017
hearing_title: Ashburton TC 29 April 2017 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Legends of Mid Canterbury Mobile Pace, an information was filed by Senior Stipendiary Steward, Mr J Muirhead against Open Horseman, Mr J Dunn, alleging a breach of Rule 869(3)(b) in that he drove carelessly, when driving CRACKAMOA, by shifting ground outwards near the 200m, when not clear of UNICO LEGEND, driven by Mr R May, which broke.
Mr Dunn had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Dunn also confirmed he understood the rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Muirhead gave evidence and used video coverage to show that as the field was entering the home straight CRACKAMOA, driven by Mr Dunn was racing 3 deep on the running line. Mr Muirhead pointed out Mr Dunn looking to improve outward with UNICO LEGEND, driven by Mr May, improving on Mr Dunn’s outside. He stated that Mr Dunn shifted out into the line of Mr May when not clear and as a result the sulky wheel of CRACKAMOA came into contact with the leg OF UNICO LEGEND, which caused that horse to break.
Mr Dunn stated that CRACKAMOA was hanging out at the time of the incident. He said that he did take a quick look on his outside before moving out but that he had misjudged the manoeuvre and had shifted into Mr May’s line when not clear.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dunn had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Muirhead stated that the JCA Penalty Guidelines recommend a starting point of a 10-drive suspension or a fine of $500. He also informed the Committee that Mr Dunn had a clear record in regard to this rule over the past 4 months and that this breach should be treated as a first offence. He said Mr Dunn was one of our most active drivers and had admitted the breach in a frank and forthright manner. Mr Muirhead said that the level of carelessness was mid-range and submitted that a fine in the vicinity of $350 be considered as penalty in this case.
Mr Dunn submitted that he would prefer a fine as penalty and that fine as small as possible.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Dunn’s frank and forthright admission of the breach and his good record. Mr Dunn is a very busy driver with statistics showing that he had driven on 440 occasions to date this season and 723 drives last season. The JCA Penalty Guide suggests a starting point of a $500 fine or a 10-drive suspension for a breach of this rule. The Committee determined that a fine was an appropriate penalty in this case and after adopting the starting point of a $500 fine we were able to afford Mr Dunn a discount of 1 day for his frank admission of the breach and a further discount of $100 for his good record. We therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr Dunn was fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr J Dunn - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 17987e5f14d0f37909140cb2a964f171
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: 4d94b2629eb62198db2d4adc46cab3e8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/04/2017
meet_title: Ashburton TC - 29 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC