Akaroa TC 15 December 2019 – R 1 – Chair, Mr D Anderson
ID: JCA17851
Meet Title:
Akaroa TC - 15 December 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Meet Committee Member 2:
LYong
Race Date:
2019/12/15
Race Number:
R 1
Decision:
Mrs Negus having admitted the breach the charge is proved.
Penalty:
Accordingly, Mrs Negus is fined $250.
Facts:
Following the running of Race 1, an information was filed by Stipendiary Steward, Mr S Renault, against Amateur Driver Mrs C Negus alleging that “as the Driver of 14 HIGHLAND REIGN drove carelessly near the 700 metres when allowing her runner to shift wider on the track when attempting to activate gear”.
Mrs Negus had signed the Information that she did admit the breach and she confirmed to the Committee she understood the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mr Renault used the race video to identify Mrs Negus driving (14) HIGHLAND REIGN who was 3 -wide and 3 back passing the 800 metres. He pointed to Mrs Negus reaching down to activate the ear plugs and having trouble grasping the cord. As this was happening HIGHLAND REIGN ran up the track 3 or 4 cart widths losing approximately 3 lengths and her position in the field. Mr Renault submitted Mrs Negus showed lack of control and this was a breach of the Careless Driving Rule.
Mrs Negus was very frank in her assessment of the incident describing it as awful.
Mr Negus when asked for comment said it was a glaringly bad drive.
Submissions for Penalty:
Mr Renault said a fine was appropriate in this instance. He said Mrs Negus had a clear record under the rule and with her admission deserved some discount from the guideline starting point. He said a fine in the region of $300 would be the Stewards' submission.
Mrs Negus made no submissions on penalty.
Mr Negus said the submission sounded fair but added it would be difficult to find the money.
Reasons for Penalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. This Committee assess this to be a clear case of careless driving and a fine is appropriate. It is a low-level breach with no other horses affected.
The mitigating factors are Mrs Negus' clear record and her admission of the breach.
There are no aggravating factors to consider.
The Committee having regard for the above factors, considered a $250 fine as an appropriate penalty in this case.
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: f6360f094ad06c5ddb3cec727369b632
informantnumber: A9042
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/12/2019
hearing_title: Akaroa TC 15 December 2019 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 1, an information was filed by Stipendiary Steward, Mr S Renault, against Amateur Driver Mrs C Negus alleging that “as the Driver of 14 HIGHLAND REIGN drove carelessly near the 700 metres when allowing her runner to shift wider on the track when attempting to activate gear”.
Mrs Negus had signed the Information that she did admit the breach and she confirmed to the Committee she understood the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mr Renault used the race video to identify Mrs Negus driving (14) HIGHLAND REIGN who was 3 -wide and 3 back passing the 800 metres. He pointed to Mrs Negus reaching down to activate the ear plugs and having trouble grasping the cord. As this was happening HIGHLAND REIGN ran up the track 3 or 4 cart widths losing approximately 3 lengths and her position in the field. Mr Renault submitted Mrs Negus showed lack of control and this was a breach of the Careless Driving Rule.
Mrs Negus was very frank in her assessment of the incident describing it as awful.
Mr Negus when asked for comment said it was a glaringly bad drive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mrs Negus having admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Renault said a fine was appropriate in this instance. He said Mrs Negus had a clear record under the rule and with her admission deserved some discount from the guideline starting point. He said a fine in the region of $300 would be the Stewards' submission.
Mrs Negus made no submissions on penalty.
Mr Negus said the submission sounded fair but added it would be difficult to find the money.
reasonsforpenalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. This Committee assess this to be a clear case of careless driving and a fine is appropriate. It is a low-level breach with no other horses affected.
The mitigating factors are Mrs Negus' clear record and her admission of the breach.
There are no aggravating factors to consider.
The Committee having regard for the above factors, considered a $250 fine as an appropriate penalty in this case.
penalty:
Accordingly, Mrs Negus is fined $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mrs C Negus - Amateur Driver
Otherperson: Mr B Negus - Senior Trainer assisting Mrs Negus, Mr P Williams - Stipendiary Steward, Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b66de17164260a75b0d90d785334bb82
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf746e84955379dc37a11f7bad8b06f0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2019
meet_title: Akaroa TC - 15 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: LYong
name: Akaroa TC