Archive Decision

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Amberley TC 6 February 2019 – R 7 – Chair, Mr S Ching

ID: JCA13836

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Miss J Young - Open Horsewoman

Information Number:
A11205

Hearing Type:
Hearing

New Charge:
Sulky protruding inside the marker line

Rules:
869(7A)(b)

Plea:
admitted

Meet Title:
Amberley TC - 6 February 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/02/06

Race Number:
R7

Decision:

As Miss Young had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Miss Young is fined the sum of $200.

Facts:

Following the running of Race 7, the Clarkville Stockfeeds Ltd-Zilco NZ Ltd Trot, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Open Horsewoman, Miss J Young, alleging a breach of Rule 869(7A)(b) in that she shifted inwards and allowed her sulky to race inside the marker line.
Miss Young had indicated on the Information that this breach of the Rules was admitted which she confirmed at the hearing. Miss Young also confirmed that he understood the rule she was being charged with.

Rule 869(7A)(b) reads as follows:
(7A) Every horseman who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line

Mrs Tibbs gave evidence and used video coverage to show that as the field was approaching the final turn, Miss Young driving AVEROSS DON, was racing 3 back on the pylons. Mrs Tibbs pointed out Miss Young shift inwards just prior to the passing lane entrance and allow the inside wheel of her sulky to protrude inside the marker line, going over 4 pylons. She added that a subsequent protest under Rule 869(7B) was upheld with AVEROSS DON being disqualified from the event.

Miss Young made no comment to the hearing in regard to the incident, apart from stating that the breach was obvious.

Submissions for Penalty:

Mrs Tibbs informed the Committee that Miss Young’s driving statistics were 1185 lifetime drives and 105 to date this season. She also said that Miss Young had a clear record in regard to this rule. Mrs Tibbs stated that the JCA Penalty Guide provided a starting point for a breach of this rule as a 4-drive suspension or a $200 fine. Mrs Tibbs stated that an uplift in penalty be considered for the aggravating factor being the disqualification of AVEROSS DON. She submitted that after taking all factors into consideration, a $300 fine be considered as penalty in this case.

Miss Young made no submissions on penalty apart from stating that she had admitted the breach and had a clear record.

Reasons for Penalty:

The JCA Penalty Guide recommends a starting point of a $200 fine or a 4-drive suspension for a breach of this Rule. We determined that there was an aggravating factor to consider being the disqualification of the horse. This aggravating factor warranted an uplift in penalty which we set at $50. We were however able to afford Miss Young a discount for her admission of the breach and her clear record. This combined discount we set at $50. We therefore determined that a $200 fine was 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: 755060d10e1294569443cc4f5d947102


informantnumber: A11205


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Sulky protruding inside the marker line


plea: admitted


penaltyrequired: 1


decisiondate: 08/02/2019


hearing_title: Amberley TC 6 February 2019 - R 7 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the Clarkville Stockfeeds Ltd-Zilco NZ Ltd Trot, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Open Horsewoman, Miss J Young, alleging a breach of Rule 869(7A)(b) in that she shifted inwards and allowed her sulky to race inside the marker line.
Miss Young had indicated on the Information that this breach of the Rules was admitted which she confirmed at the hearing. Miss Young also confirmed that he understood the rule she was being charged with.

Rule 869(7A)(b) reads as follows:
(7A) Every horseman who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line

Mrs Tibbs gave evidence and used video coverage to show that as the field was approaching the final turn, Miss Young driving AVEROSS DON, was racing 3 back on the pylons. Mrs Tibbs pointed out Miss Young shift inwards just prior to the passing lane entrance and allow the inside wheel of her sulky to protrude inside the marker line, going over 4 pylons. She added that a subsequent protest under Rule 869(7B) was upheld with AVEROSS DON being disqualified from the event.

Miss Young made no comment to the hearing in regard to the incident, apart from stating that the breach was obvious.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Young had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mrs Tibbs informed the Committee that Miss Young’s driving statistics were 1185 lifetime drives and 105 to date this season. She also said that Miss Young had a clear record in regard to this rule. Mrs Tibbs stated that the JCA Penalty Guide provided a starting point for a breach of this rule as a 4-drive suspension or a $200 fine. Mrs Tibbs stated that an uplift in penalty be considered for the aggravating factor being the disqualification of AVEROSS DON. She submitted that after taking all factors into consideration, a $300 fine be considered as penalty in this case.

Miss Young made no submissions on penalty apart from stating that she had admitted the breach and had a clear record.


reasonsforpenalty:

The JCA Penalty Guide recommends a starting point of a $200 fine or a 4-drive suspension for a breach of this Rule. We determined that there was an aggravating factor to consider being the disqualification of the horse. This aggravating factor warranted an uplift in penalty which we set at $50. We were however able to afford Miss Young a discount for her admission of the breach and her clear record. This combined discount we set at $50. We therefore determined that a $200 fine was an appropriate penalty in this case.


penalty:

Accordingly, Miss Young is fined the sum of $200.


hearing_type: Hearing


Rules: 869(7A)(b)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Miss J Young - Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 10e9ccb235db43c0eb2e8db9c6772917


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


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