Archive Decision

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Kaikoura TC 31 October 2016 – R 9 – Chair, Mr R McKenzie

ID: JCA18117

Applicant:
N M Ydgren, Chief Stipendiary Steward

Respondent(s):
J J A Young, Licensed Open Driver

Information Number:
A8046

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Kaikoura TC - 31 October 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2016/10/31

Race Number:
R9

Decision:

Miss Young having admitted the charge, the charge was found proved.

Penalty:

Miss Young was fined the sum of $300.

Facts:

Following the running of Race 9, Hall & Company Funeral Services Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Miss J J A Young, alleging that Miss Young, as the driver of SCOTLYNN MACH in the race, “drove carelessly by allowing her runner to shift inwards when not clear to do so”.

Miss Young was present at the hearing of the information, and she indicated that she admitted the breach.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-
     (b) carelessly.

Mr Ydgren showed video replays of first 400 metres of the 1900 metres mobile start event. He pointed out Miss Young, driving SCOTTLYN MACH, which had drawn barrier position 6, and the horse on her immediate inside, AVEROSS RUSTLER (M J Williamson), which had drawn barrier position 4. Miss Young then commenced to shift inwards approaching the bend out of the back straight and, in doing so, made contact with the right front leg of AVEROSS RUSTLER which galloped and lost its chance, Mr Ydgren said. Mr Williamson had been restraining to go back but received slight pressure from Miss Young on his outside which, unfortunately, resulted in the leg contacting and his horse breaking, Mr Ydgren said.

Miss Young said that Mr Williamson had hit her wheel once, obviously enough to cause it to break but she submitted that the contact was only “slight”. It was a slight error of judgement on her part, she said.

Submissions for Penalty:

Mr Ydgren said that Stewards agreed with Miss Young that the level of carelessness was low and involved a “minor miscalculation”. However, unfortunately for the connections of AVEROSS RUSTLER that horse lost its chance.

Miss Young had a clear record going back to February 2016. Mr Ydgren submitted that the breach could be dealt with by a fine. He referred to the Penalty Guide starting point of a $500 fine. He submitted that taking into account the low level of carelessness, Miss Young’s very good record and her frank admission of the breach, the fine in this case, should be between $300-350. The consequences of the carelessness were “mid-range”, Mr Ydgren said. He also said that Mr Williamson had told Stewards that he had received some pressure and a bump at the time from SMITHY (C D Thornley) on his inside. Mr Ydgren was able to demonstrate this on a video replay. This was a further mitigating factor, Mr Ydgren submitted.

Mr Ydgren said that Miss Young has had 24 drives in the current season to date. Last season she had 157 drives.

Miss Young said that she accepted that Mr Ydgren’s penalty submission was a fair one.

Reasons for Penalty:

The Committee noted that the starting point under the Penalty Guide was a fine of $500. Miss Young was entitled to a discount from that starting point for her admission of the breach, her good record and the other mitigating factor submitted by Mr Ydgren. We fixed that discount at $200. Although Mr Williamson’s runner 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 Miss Young’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: f0017facb5259dc6e76135a94eae5b49


informantnumber: A8046


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 9 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 9, Hall & Company Funeral Services Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Miss J J A Young, alleging that Miss Young, as the driver of SCOTLYNN MACH in the race, “drove carelessly by allowing her runner to shift inwards when not clear to do so”.

Miss Young was present at the hearing of the information, and she indicated that she admitted the breach.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-
     (b) carelessly.

Mr Ydgren showed video replays of first 400 metres of the 1900 metres mobile start event. He pointed out Miss Young, driving SCOTTLYN MACH, which had drawn barrier position 6, and the horse on her immediate inside, AVEROSS RUSTLER (M J Williamson), which had drawn barrier position 4. Miss Young then commenced to shift inwards approaching the bend out of the back straight and, in doing so, made contact with the right front leg of AVEROSS RUSTLER which galloped and lost its chance, Mr Ydgren said. Mr Williamson had been restraining to go back but received slight pressure from Miss Young on his outside which, unfortunately, resulted in the leg contacting and his horse breaking, Mr Ydgren said.

Miss Young said that Mr Williamson had hit her wheel once, obviously enough to cause it to break but she submitted that the contact was only “slight”. It was a slight error of judgement on her part, she said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Miss Young having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said that Stewards agreed with Miss Young that the level of carelessness was low and involved a “minor miscalculation”. However, unfortunately for the connections of AVEROSS RUSTLER that horse lost its chance.

Miss Young had a clear record going back to February 2016. Mr Ydgren submitted that the breach could be dealt with by a fine. He referred to the Penalty Guide starting point of a $500 fine. He submitted that taking into account the low level of carelessness, Miss Young’s very good record and her frank admission of the breach, the fine in this case, should be between $300-350. The consequences of the carelessness were “mid-range”, Mr Ydgren said. He also said that Mr Williamson had told Stewards that he had received some pressure and a bump at the time from SMITHY (C D Thornley) on his inside. Mr Ydgren was able to demonstrate this on a video replay. This was a further mitigating factor, Mr Ydgren submitted.

Mr Ydgren said that Miss Young has had 24 drives in the current season to date. Last season she had 157 drives.

Miss Young said that she accepted that Mr Ydgren’s penalty submission was a fair one.


reasonsforpenalty:

The Committee noted that the starting point under the Penalty Guide was a fine of $500. Miss Young was entitled to a discount from that starting point for her admission of the breach, her good record and the other mitigating factor submitted by Mr Ydgren. We fixed that discount at $200. Although Mr Williamson’s runner 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 Miss Young’s part.


penalty:

Miss Young was fined the sum of $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: N M Ydgren, Chief Stipendiary Steward


JockeysandTrainer: J J A Young, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c2a41d2c836bb2ed15e50fb586995a92


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f0c9a0d288d3e91323f81603e42d6757


meet_expapproval:


meet_noreport: 0


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