Amberley TC 6 February 2019 – R 5 – Chair, Mr S Ching
ID: JCA12403
Meet Title:
Amberley TC - 6 February 2019
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/02/06
Race Number:
R5
Decision:
As Mr Hurrell admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Hurrell was fined the sum of $200.
Facts:
Following the running of Race 5, the Canterbury Breeders (Joan Belcher Legacy) Flair (Canterbury Branch) Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Junior Horseman, Mr M Hurrell, alleging a breach of Rule 869(4)(6)(b)(c), in that when driving PRESSED FOR TIME, he shifted outwards prior to the 1000m causing the improving KATCHALIGHT to be taken wide.
Rule 869(4)(6) (b)(c) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) “Subject to sub-rule (4) hereof:-
(b) a horse making a forward moment during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Mr Hurrell had endorsed on the Information that this breach of the Rules was admitted. Mr Hurrell had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mrs Tibbs.
Mrs Tibbs gave evidence and used video coverage to show that near the 1200m PRESSED FOR TIME, driven by Mr Hurrell, was racing midfield with KATCHALIGHT, driven by Mr J Cox, in the trailing position. Mrs Tibbs said that approaching the 1100mm, Mr Cox shifted from the trail of Mr Hurrell to improve past that horse and was established on Mr Hurrell’s wheel. Mr Hurrell, at this point, also shifted out from the trail of the horse immediately ahead and forced Mr Cox wider on the track prior to the 1000m which was clearly in breach of the push out rule.
Submissions for Penalty:
Mrs Tibbs informed the Committee that Mr Hurrell had driven on 181 occasions to date this season, with total career drives of 519. She stated that Mr Hurrell had readily admitted the breach and has a clear record regarding this rule. Mrs Tibbs stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mrs Tibbs submitted that with Mr Hurrell’s good record and his admission of the breach, that fine of $200 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation, credit was given for Mr Hurrell’s ready admission of the breach and his good record. We determined that there were no aggravating factors in this case therefore no uplift warranted. After adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr Hurrell a combined discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 58ac35b0f6e47da5a79ff6ba7874191d
informantnumber: A11202
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Push Out Rule
plea: admitted
penaltyrequired: 1
decisiondate: 08/02/2019
hearing_title: Amberley TC 6 February 2019 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Canterbury Breeders (Joan Belcher Legacy) Flair (Canterbury Branch) Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Junior Horseman, Mr M Hurrell, alleging a breach of Rule 869(4)(6)(b)(c), in that when driving PRESSED FOR TIME, he shifted outwards prior to the 1000m causing the improving KATCHALIGHT to be taken wide.
Rule 869(4)(6) (b)(c) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) “Subject to sub-rule (4) hereof:-
(b) a horse making a forward moment during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Mr Hurrell had endorsed on the Information that this breach of the Rules was admitted. Mr Hurrell had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mrs Tibbs.
Mrs Tibbs gave evidence and used video coverage to show that near the 1200m PRESSED FOR TIME, driven by Mr Hurrell, was racing midfield with KATCHALIGHT, driven by Mr J Cox, in the trailing position. Mrs Tibbs said that approaching the 1100mm, Mr Cox shifted from the trail of Mr Hurrell to improve past that horse and was established on Mr Hurrell’s wheel. Mr Hurrell, at this point, also shifted out from the trail of the horse immediately ahead and forced Mr Cox wider on the track prior to the 1000m which was clearly in breach of the push out rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hurrell admitted the breach the charge was found proved.
sumissionsforpenalty:
Mrs Tibbs informed the Committee that Mr Hurrell had driven on 181 occasions to date this season, with total career drives of 519. She stated that Mr Hurrell had readily admitted the breach and has a clear record regarding this rule. Mrs Tibbs stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mrs Tibbs submitted that with Mr Hurrell’s good record and his admission of the breach, that fine of $200 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation, credit was given for Mr Hurrell’s ready admission of the breach and his good record. We determined that there were no aggravating factors in this case therefore no uplift warranted. After adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr Hurrell a combined discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Hurrell was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: Mrs C Tibbs - Stipendiary Steward
JockeysandTrainer: Mr M Hurrell - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 81de6f065a058b446577f72b72a91dc9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b22c13940ea52e08b9d05ffd2116eaf9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2019
meet_title: Amberley TC - 6 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Amberley TC