Archive Decision

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Cambridge HRC – 30 April 2009 – Race 10

ID: JCA21080

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge HRC - 30 April 2009

Race Date:
2009/04/30

Race Number:
Race 10

Decision:

An information filed by Stipendiary Steward Mr T Taumanu against Junior Horseman Mr J Dickie, driver of BB GILL alleging a breach of Rule 869 (3) (b) – careless driving – in that he drove his horse carelessly by moving inwards and forcing LADY BOYZ driven by Mr R Paynter inward causing interference to DRAPPIER driven by Mr T MacFarlane, with about 400 metres to run. 



An information filed by Stipendiary Steward Mr T Taumanu against Junior Horseman Mr J Dickie, driver of BB GILL alleging a breach of Rule 869 (3) (b) – careless driving – in that he drove his horse carelessly by moving inwards and forcing LADY BOYZ driven by Mr R Paynter inward causing interference to DRAPPIER driven by Mr T MacFarlane, with about 400 metres to run.  Mr Dickie admitted the breach and was assisted at the hearing by senior horseman Mr A G Herlihy.

--

Stipendiary Steward Mr J Muirhead demonstrated the incident by use of the video film.  Approaching the 400 metre mark, LADY BOYZ moved inwards to the one out line and improved inside BB GILL.  BB GILL had an advantage over LADY BOYZ and Mr Dickie moved the horse inwards from the three wide line.  This forced LADY BOYZ inwards and that in turn caused interference to DRAPPIER, which broke.

--

Mr Herlihy said LADY BOYZ was racing very close to DRAPPIER and that didn’t help in the situation.  He said Mr Dickie didn’t see that DRAPPIER was inside LADY BOYZ.

--

PENALTY:

--

Mr Taumanu said the offending was at the lower end of the scale.  Mr Dickie had no relevant breaches of the rules recorded against him – he recommended a suspension or a lower end of scale fine – in the region $250 to $300.  Mr Herlihy said the offending was at the lower end of the scale.  He suggested a minor fine.  Mr Dickie said he preferred a fine to a suspension.

--

In fixing the penalty the committee takes into account the following:
1. The guilty plea.
2. The submissions of Mr Taumanu
3. The submissions of Mr Herlihy and Mr Dickie
4. The offending is at the lower end of the scale of seriousness
5. Mr Dickie’s clear driving record
6. The recommended starting point penalty of 2 weeks suspension and /or a FINE of $400
7. Mr Dickie is junior horseman.

--

Balancing those matters, a fine of $250 is imposed.

--

B J Rowe
Chair

--

67555

--

 

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: 9e1bf11bf0c1946e1eaf545cd876f9a5


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 30/04/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge HRC - 30 April 2009 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information filed by Stipendiary Steward Mr T Taumanu against Junior Horseman Mr J Dickie, driver of BB GILL alleging a breach of Rule 869 (3) (b) – careless driving – in that he drove his horse carelessly by moving inwards and forcing LADY BOYZ driven by Mr R Paynter inward causing interference to DRAPPIER driven by Mr T MacFarlane, with about 400 metres to run. 



An information filed by Stipendiary Steward Mr T Taumanu against Junior Horseman Mr J Dickie, driver of BB GILL alleging a breach of Rule 869 (3) (b) – careless driving – in that he drove his horse carelessly by moving inwards and forcing LADY BOYZ driven by Mr R Paynter inward causing interference to DRAPPIER driven by Mr T MacFarlane, with about 400 metres to run.  Mr Dickie admitted the breach and was assisted at the hearing by senior horseman Mr A G Herlihy.

--

Stipendiary Steward Mr J Muirhead demonstrated the incident by use of the video film.  Approaching the 400 metre mark, LADY BOYZ moved inwards to the one out line and improved inside BB GILL.  BB GILL had an advantage over LADY BOYZ and Mr Dickie moved the horse inwards from the three wide line.  This forced LADY BOYZ inwards and that in turn caused interference to DRAPPIER, which broke.

--

Mr Herlihy said LADY BOYZ was racing very close to DRAPPIER and that didn’t help in the situation.  He said Mr Dickie didn’t see that DRAPPIER was inside LADY BOYZ.

--

PENALTY:

--

Mr Taumanu said the offending was at the lower end of the scale.  Mr Dickie had no relevant breaches of the rules recorded against him – he recommended a suspension or a lower end of scale fine – in the region $250 to $300.  Mr Herlihy said the offending was at the lower end of the scale.  He suggested a minor fine.  Mr Dickie said he preferred a fine to a suspension.

--

In fixing the penalty the committee takes into account the following:
1. The guilty plea.
2. The submissions of Mr Taumanu
3. The submissions of Mr Herlihy and Mr Dickie
4. The offending is at the lower end of the scale of seriousness
5. Mr Dickie’s clear driving record
6. The recommended starting point penalty of 2 weeks suspension and /or a FINE of $400
7. Mr Dickie is junior horseman.

--

Balancing those matters, a fine of $250 is imposed.

--

B J Rowe
Chair

--

67555

--

 


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reasonsforpenalty:


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hearing_type: Old Hearing


Rules: 869.3.b


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meetdate: 30/04/2009


meet_title: Cambridge HRC - 30 April 2009


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meet_racingtype: harness-racing


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name: Cambridge HRC