Kaikoura TC 31 October 2016 – R 5 – Chair, Mr R McKenzie
ID: JCA17859
Meet Title:
Kaikoura TC - 31 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/10/31
Race Number:
R5
Decision:
Mr Dunn having admitted the charge, the charge was found proved.
Penalty:
Mr Dunn’s Open Driver’s Licence is suspended from after the close of racing on 31 October 2016 up to and including 4 November 2016 – 2 days. The meetings intended to be encompassed by the period of suspension are Rangiora HRC on 3 November and Auckland TC on 4 November 2016.
Facts:
Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J R Dunn, alleging that Mr Dunn, as the driver of DESTINY JONES in the race, “was careless in allowing his runner DESTINY JONES to strike the sulky wheel of KOWHAI WHIZ (S J Ottley)”.
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he had also signed and endorsed “I do not wish to be present”.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed video replays of the race with approximately 800 metres to run. He pointed out Mr Dunn, driving DESTINY JONES, racing in 5th position, four places back on the markers, of the six remaining runners as the field left the home straight with under 1000 metres to run. Mr Dunn then eased off the markers 3-wide and was then taken to a 4-wide position as KOWHAI WHIZ (S J Ottley) shifted out in front of him. Mr Ydgren then pointed out that Mr Dunn’s horse “blundered”. He submitted that it was quite apparent that, when being restrained to shift back down onto the back of KOWHAI WHIZ the horse had made contact with the wheel of that runner causing DESTINY JONES to gallop. The horse had galloped excessively and had subsequently been disqualified from 5th placing following a protest hearing, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Dunn had a previous careless driving charge on 11 September 2016 at Oamaru for which he was fined $400 in a Group 2 race. Mr Dunn has had 93 drives in the current season to date. Last season, he had 723 drives, Mr Ydgren said.
Mr Ydgren referred to the Penalty Guide starting point for a 2nd breach of the careless driving Rule within 4 months of a 3 days’ suspension. He submitted that, having regard to Mr Dunn’s admission of the breach, a suspension for 2 days was an appropriate penalty.
Reasons for Penalty:
The Committee noted that the appropriate starting point under the Penalty Guide was a 3 days’ suspension for this 2nd breach within 4 months. Mr Dunn was entitled to a discount from that starting point for his admission of the breach and we fixed that discount at 1 day. Although Mr Dunn’s horse lost all chance as a result of striking the wheel, we did not factor this in as an aggravating factor because of the low level nature of the carelessness which involved a slight misjudgement on Mr Dunn’s part.
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: f705449a824237be711539bf0865abb7
informantnumber: A8045
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/11/2016
hearing_title: Kaikoura TC 31 October 2016 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J R Dunn, alleging that Mr Dunn, as the driver of DESTINY JONES in the race, “was careless in allowing his runner DESTINY JONES to strike the sulky wheel of KOWHAI WHIZ (S J Ottley)”.
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he had also signed and endorsed “I do not wish to be present”.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren showed video replays of the race with approximately 800 metres to run. He pointed out Mr Dunn, driving DESTINY JONES, racing in 5th position, four places back on the markers, of the six remaining runners as the field left the home straight with under 1000 metres to run. Mr Dunn then eased off the markers 3-wide and was then taken to a 4-wide position as KOWHAI WHIZ (S J Ottley) shifted out in front of him. Mr Ydgren then pointed out that Mr Dunn’s horse “blundered”. He submitted that it was quite apparent that, when being restrained to shift back down onto the back of KOWHAI WHIZ the horse had made contact with the wheel of that runner causing DESTINY JONES to gallop. The horse had galloped excessively and had subsequently been disqualified from 5th placing following a protest hearing, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dunn having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Dunn had a previous careless driving charge on 11 September 2016 at Oamaru for which he was fined $400 in a Group 2 race. Mr Dunn has had 93 drives in the current season to date. Last season, he had 723 drives, Mr Ydgren said.
Mr Ydgren referred to the Penalty Guide starting point for a 2nd breach of the careless driving Rule within 4 months of a 3 days’ suspension. He submitted that, having regard to Mr Dunn’s admission of the breach, a suspension for 2 days was an appropriate penalty.
reasonsforpenalty:
The Committee noted that the appropriate starting point under the Penalty Guide was a 3 days’ suspension for this 2nd breach within 4 months. Mr Dunn was entitled to a discount from that starting point for his admission of the breach and we fixed that discount at 1 day. Although Mr Dunn’s horse lost all chance as a result of striking the wheel, we did not factor this in as an aggravating factor because of the low level nature of the carelessness which involved a slight misjudgement on Mr Dunn’s part.
penalty:
Mr Dunn’s Open Driver’s Licence is suspended from after the close of racing on 31 October 2016 up to and including 4 November 2016 – 2 days. The meetings intended to be encompassed by the period of suspension are Rangiora HRC on 3 November and Auckland TC on 4 November 2016.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: J R Dunn, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0ec720035e00788776e18ed48a25e864
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f0c9a0d288d3e91323f81603e42d6757
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/10/2016
meet_title: Kaikoura TC - 31 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC