Franklin TC – 30 November 2007 – Race 1
ID: JCA22853
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 30 November 2007
Race Date:
2007/11/30
Race Number:
Race 1
Decision: An information lodged by Stipendiary Steward Mr J Muirhead, against Junior Driver Mr S Jones, driver of BACK IN TIME alleging a breach of Rule 869 (4) and (6) (b) and (c) – Push Out – in that he improved his horse outwards when racing four deep on the running line about 1600m from the finish of the race
DECISION AND REASON
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An information lodged by Stipendiary Steward Mr J Muirhead, against Junior Driver Mr S Jones, driver of BACK IN TIME alleging a breach of Rule 869 (4) and (6) (b) and (c) – Push Out – in that he improved his horse outwards when racing four deep on the running line about 1600m from the finish of the race forcing CHARING CROSS driven by Mr T Macfarlane to race wider on the track.
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Mr T Shaw, Senior Horseman, assisted Mr Jones at the hearing. Mr Jones admitted the breach.
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The circumstances of the breach are as outlined in the related Protest Hearing. In brief after BACK IN TIME broke and then settled, Mr Jones moved the horse outwards forcing CHARING CROSS over extra ground instead of moving back into the running line.
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PENALTY
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Mr Muirhead said Mr Jones had no relevant breaches of the Rules recorded against him, there were mitigating circumstances in that there was a sudden easing of the pace and the guilty plea should be taken into account. He recommended a fine of $200.00. Mr Jones accepted the submissions of Mr Muirhead and said that he moved outwards because he didn’t want to follow the horse on the running line because there was a flat tyre on one of the sulky wheels. Mr Shaw said Mr Jones’ Junior Horseman status should be taken into account. In fixing penalty I took into account the following matters :
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1. The guilty plea.
--2. No relevant rule breaches against Mr Jones.
--3. The submissions of Mr Muirhead.
--4. The acceptance of those submissions by Mr Jones and the comments of Mr Shaw.
--5. There were mitigating factors and the offending was in the lower half on the scale of seriousness.
--6. The recommended starting point for a breach of the Rule is $250.00.
----
Taking all of those matters into account, I imposed a fine of $200.00.
----
--
B Rowe
--Chairman
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: e7eeaf9bf8e0e538658b63f85987c587
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/11/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 30 November 2007 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information lodged by Stipendiary Steward Mr J Muirhead, against Junior Driver Mr S Jones, driver of BACK IN TIME alleging a breach of Rule 869 (4) and (6) (b) and (c) – Push Out – in that he improved his horse outwards when racing four deep on the running line about 1600m from the finish of the raceDECISION AND REASON
----
An information lodged by Stipendiary Steward Mr J Muirhead, against Junior Driver Mr S Jones, driver of BACK IN TIME alleging a breach of Rule 869 (4) and (6) (b) and (c) – Push Out – in that he improved his horse outwards when racing four deep on the running line about 1600m from the finish of the race forcing CHARING CROSS driven by Mr T Macfarlane to race wider on the track.
----
Mr T Shaw, Senior Horseman, assisted Mr Jones at the hearing. Mr Jones admitted the breach.
----
The circumstances of the breach are as outlined in the related Protest Hearing. In brief after BACK IN TIME broke and then settled, Mr Jones moved the horse outwards forcing CHARING CROSS over extra ground instead of moving back into the running line.
----
PENALTY
----
Mr Muirhead said Mr Jones had no relevant breaches of the Rules recorded against him, there were mitigating circumstances in that there was a sudden easing of the pace and the guilty plea should be taken into account. He recommended a fine of $200.00. Mr Jones accepted the submissions of Mr Muirhead and said that he moved outwards because he didn’t want to follow the horse on the running line because there was a flat tyre on one of the sulky wheels. Mr Shaw said Mr Jones’ Junior Horseman status should be taken into account. In fixing penalty I took into account the following matters :
----
1. The guilty plea.
--2. No relevant rule breaches against Mr Jones.
--3. The submissions of Mr Muirhead.
--4. The acceptance of those submissions by Mr Jones and the comments of Mr Shaw.
--5. There were mitigating factors and the offending was in the lower half on the scale of seriousness.
--6. The recommended starting point for a breach of the Rule is $250.00.
----
Taking all of those matters into account, I imposed a fine of $200.00.
----
--
B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 38f6b799e31255e22ba6208efdb782c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cb7f71d744b2bec77eb031354e6655ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/11/2007
meet_title: Franklin TC - 30 November 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Franklin TC