Manukau TC – 29 October 2010 – R 4
ID: JCA19885
Hearing Type (Code):
harness-racing
Meet Title:
Manukau TC - 29 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/29
Race Number:
R 4
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr J Muirhead, Stipendiary Steward
--Defendant: Mr Z Butcher, Junior Driver
--Information: 68912
--Meeting: Manukau Trotting Club
--Date: 29th October 2010
--Venue: Alexandra Park
--Race: 4
--Rule No: 869(3)(b)
--Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
--Plea: Admitted
--Also Present: Mr D Butcher, Senior horseman, assisting Mr Z Butcher
----
CHARGE(s):
--Drove CRYSTAL CASTLETON carelessly causing interference to BENROMACH driven by Mr G Martin with 900metres to run – BENROMACH was pulled up and took no further part in the race.
----
FACTS:
--Mr Muirhead showed and interpreted the video film of the incident. CRYSTAL CASTLETON was four deep in the running line, Mr Butcher moved the horse outwards and his sulky wheel made contact with the off hind leg of BENROMACH resulting in both horses breaking and losing their chances.
----
Mr Z Butcher said CRYSTAL CASTLETON was “charging” had its head up and he eased it outwards.
----
Mr D Butcher said CRYSTAL CASTLETON was over-racing – it had an advantage over BENROMACH and was entitled to move out – Mr Martin could have given some room but he didn’t.
----
Mr Muirhead said any outward movement had to be made with safety.
----
SUBMISSION(s) ON PENALTY:
--Mr Muirhead said Mr Butcher had two breaches of the careless driving rule in the last 12months, the offending was “mid-range” and he submitted that a fine in the upper end of the range $250 - $500 was appropriate.
----
Mr D Butcher said he thought a fine a bit below the middle of that range was appropriate given the mitigating factors and also the fact that the defendant does have a lot of drives.
----
REASON(s):
--In fixing penalty the committee takes into account the admission of the breach, Mr Butcher’s Junior horseman status, the two previous careless driving breaches, the frequency of Mr Butcher’s driving – 435 drives last season – the recommended starting point of $400 and/or two weeks suspension, the submissions of Mr Muirhead and Mr D Butcher, including the mitigating factors, accepts the offending is “mid-range” but nonetheless the chances of two horses were affected.
----
PENALTY:
--Balancing the above matters a fine of $350 is imposed and Mr Butcher is advised that any further breach of this rule in the near future would almost certainly result in a suspension.
----
--
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: 43f9db56f173664e15610904d6dbee90
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC - 29 October 2010 - R 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr J Muirhead, Stipendiary Steward
--Defendant: Mr Z Butcher, Junior Driver
--Information: 68912
--Meeting: Manukau Trotting Club
--Date: 29th October 2010
--Venue: Alexandra Park
--Race: 4
--Rule No: 869(3)(b)
--Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
--Plea: Admitted
--Also Present: Mr D Butcher, Senior horseman, assisting Mr Z Butcher
----
CHARGE(s):
--Drove CRYSTAL CASTLETON carelessly causing interference to BENROMACH driven by Mr G Martin with 900metres to run – BENROMACH was pulled up and took no further part in the race.
----
FACTS:
--Mr Muirhead showed and interpreted the video film of the incident. CRYSTAL CASTLETON was four deep in the running line, Mr Butcher moved the horse outwards and his sulky wheel made contact with the off hind leg of BENROMACH resulting in both horses breaking and losing their chances.
----
Mr Z Butcher said CRYSTAL CASTLETON was “charging” had its head up and he eased it outwards.
----
Mr D Butcher said CRYSTAL CASTLETON was over-racing – it had an advantage over BENROMACH and was entitled to move out – Mr Martin could have given some room but he didn’t.
----
Mr Muirhead said any outward movement had to be made with safety.
----
SUBMISSION(s) ON PENALTY:
--Mr Muirhead said Mr Butcher had two breaches of the careless driving rule in the last 12months, the offending was “mid-range” and he submitted that a fine in the upper end of the range $250 - $500 was appropriate.
----
Mr D Butcher said he thought a fine a bit below the middle of that range was appropriate given the mitigating factors and also the fact that the defendant does have a lot of drives.
----
REASON(s):
--In fixing penalty the committee takes into account the admission of the breach, Mr Butcher’s Junior horseman status, the two previous careless driving breaches, the frequency of Mr Butcher’s driving – 435 drives last season – the recommended starting point of $400 and/or two weeks suspension, the submissions of Mr Muirhead and Mr D Butcher, including the mitigating factors, accepts the offending is “mid-range” but nonetheless the chances of two horses were affected.
----
PENALTY:
--Balancing the above matters a fine of $350 is imposed and Mr Butcher is advised that any further breach of this rule in the near future would almost certainly result in a suspension.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 75582777637984aa639e8f2639d83aa2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f5e0d4e31afae9b13fb53208af77f870
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2010
meet_title: Manukau TC - 29 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Manukau TC