Archive Decision

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Rangiora HRC 11 August 2019 – R 7 – Chair, Mr D Anderson

ID: JCA17791

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr C Jones - Junior Driver

Other Person:
Mr S Mulcay - Stipendiary Steward

Information Number:
A11219

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(4)

Plea:
admitted

Meet Title:
Rangiora HRC - 11 August 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/08/11

Race Number:
R 7

Decision:

Mr Jones having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Mr Jones is fined $200.

Facts:

Following the running of Race 7, the Warner Donald Junior Driver Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Junior Driver Mr C Jones alleging “In that he failed to concede his position to KING OF HEROES (M Hurrell) near the 2200m which resulted in RAGNARR breaking and losing considerable ground”.

Mr Jones had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.

Mr Mulcay informed the Committee that Mr Jones had declined the offer of assistance from a senior driver for this hearing.

Rule 869(4) provides as follows:

No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Mrs Tibbs showed the race films to identify Mr Jones driving RAGNARR in last position leaving the home straight soon after the start. She pointed to KING OF HEROES, M Hurrell, who was 3 wide outside RAGNARR and had a good neck advantage on Mr Jones. Mrs Tibbs said as Mr Hurrell directed his horse inwards, as he was entitled to do, Mr Jones chose to resist, but was in no position to do so, resulting in his horse breaking and losing considerable ground.

Mr Jones said the incident was as Mrs Tibbs had described and had nothing to add.

Submissions for Penalty:

Mrs Tibbs said the starting point for a breach of this rule is $250. She said Mr Jones had a clear record and together with his admission deserved a discount from this amount.

Mr Jones said he would accept whatever the Committee decided was an appropriate fine.

Reasons for Penalty:

The JCA penalty Guidelines for the rule provides a starting point of a $300 fine or a 6-drive suspension. The Committee deemed the incident to be low range and agreed a fine is appropriate in this case.

There are no aggravating factors to consider.

The mitigating factors are Mr Jones’ good record, his admission of the breach and his frank and professional manner with which he conducted himself. The Committee note no other runners suffered any interference in the incident.

The Committee having regard for the above factors, considered a $200 fine as an appropriate penalty.

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: edcdcf589988e756fc9f01380e03a04d


informantnumber: A11219


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 13/08/2019


hearing_title: Rangiora HRC 11 August 2019 - R 7 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 7, the Warner Donald Junior Driver Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Junior Driver Mr C Jones alleging “In that he failed to concede his position to KING OF HEROES (M Hurrell) near the 2200m which resulted in RAGNARR breaking and losing considerable ground”.

Mr Jones had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.

Mr Mulcay informed the Committee that Mr Jones had declined the offer of assistance from a senior driver for this hearing.

Rule 869(4) provides as follows:

No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Mrs Tibbs showed the race films to identify Mr Jones driving RAGNARR in last position leaving the home straight soon after the start. She pointed to KING OF HEROES, M Hurrell, who was 3 wide outside RAGNARR and had a good neck advantage on Mr Jones. Mrs Tibbs said as Mr Hurrell directed his horse inwards, as he was entitled to do, Mr Jones chose to resist, but was in no position to do so, resulting in his horse breaking and losing considerable ground.

Mr Jones said the incident was as Mrs Tibbs had described and had nothing to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Jones having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mrs Tibbs said the starting point for a breach of this rule is $250. She said Mr Jones had a clear record and together with his admission deserved a discount from this amount.

Mr Jones said he would accept whatever the Committee decided was an appropriate fine.


reasonsforpenalty:

The JCA penalty Guidelines for the rule provides a starting point of a $300 fine or a 6-drive suspension. The Committee deemed the incident to be low range and agreed a fine is appropriate in this case.

There are no aggravating factors to consider.

The mitigating factors are Mr Jones’ good record, his admission of the breach and his frank and professional manner with which he conducted himself. The Committee note no other runners suffered any interference in the incident.

The Committee having regard for the above factors, considered a $200 fine as an appropriate penalty.


penalty:

Accordingly, Mr Jones is fined $200.


hearing_type: Hearing


Rules: 869(4)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr C Jones - Junior Driver


Otherperson: Mr S Mulcay - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0dca6a29402cd2349dc067265d23b8df


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7707b184fe7eaf44a3cf23e61e4dcdb5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/08/2019


meet_title: Rangiora HRC - 11 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Rangiora HRC