Ashburton TC 14 November 2019 – R 8 – Chair, Mr D Anderson
ID: JCA14955
Meet Title:
Ashburton TC - 14 November 2019
Meet Chair:
DAnderson
Race Date:
2019/11/14
Race Number:
R 8
Decision:
Mr Payne having admitted the breach the charge is proved.
Penalty:
Accordingly, Mr Payne’s licence to drive is suspended from the 15 November 2019 to racing on the 30 November 2019, inclusive.
Meetings encompassed in the suspension are:
Geraldine 23 Nov
Timaru 24 Nov
Forbury 28 Nov
Addington 29 Nov
Oamaru 30 Nov 2019
Facts:
Following the running of Race 8, an information was filed by Stipendiary Steward, Mr S Renault, against Junior Driver Mr S Payne alleging that “you shifted inwards when not sufficiently clear of JAZELLE which was checked and broke”.
Mr Payne had signed the Information that he did admit the breach and he confirmed to the Committee he had a clear understanding of 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 Mr Payne driving (7) CORONA who was 4 -wide racing into the first bend. He pointed to (13) JAZELLE (B Laughton) three wide to the inside of Mr Payne and showed contact to that horse resulting in a check which then unbalanced JAZELLE who broke. Mr Renault said this manoeuvre was a misjudgement from Mr Payne who would have been clear a stride or two later.
Mr Payne said his horse was hanging inwards which didn’t help but conceded he had made the error.
Mr Cox said the combination of CORONA hanging and JAZELLE over racing made it difficult for Mr Payne.
Submissions for Penalty:
Mr Renault said this breach was low-range and the Stewards, considering the penalty guide starting point of a 10-drive suspension, were seeking a 5-day suspension. He said this would take into account Mr Payne’s frequency and volume of driving. He said Mr Payne drove 38 times last season and this was his 10th drive this season. Mr Renault said Mr Payne had a clear record under the rule.
Mr Payne and Mr Cox made no submissions on penalty.
Deferment was discussed but Mr Payne stated his next drive was scheduled on the 23 November at Geraldine.
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 suspension is appropriate. It is a low-level breach with the consequences of a horse galloping.
The mitigating factors are Mr Payne's horse was hanging inwards and JAZELLE was over racing. Mr Payne’s status as a Junior driver with a clear record who has admitted the breach, was also considered by the Committee.
There are no aggravating factors to consider.
The Committee having regard for the above factors, considered a 5-day suspension as 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: 90e50449ee39a021828e828d3aa85fe0
informantnumber: A9025
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2019
hearing_title: Ashburton TC 14 November 2019 - R 8 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 8, an information was filed by Stipendiary Steward, Mr S Renault, against Junior Driver Mr S Payne alleging that “you shifted inwards when not sufficiently clear of JAZELLE which was checked and broke”.
Mr Payne had signed the Information that he did admit the breach and he confirmed to the Committee he had a clear understanding of 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 Mr Payne driving (7) CORONA who was 4 -wide racing into the first bend. He pointed to (13) JAZELLE (B Laughton) three wide to the inside of Mr Payne and showed contact to that horse resulting in a check which then unbalanced JAZELLE who broke. Mr Renault said this manoeuvre was a misjudgement from Mr Payne who would have been clear a stride or two later.
Mr Payne said his horse was hanging inwards which didn’t help but conceded he had made the error.
Mr Cox said the combination of CORONA hanging and JAZELLE over racing made it difficult for Mr Payne.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Payne having admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Renault said this breach was low-range and the Stewards, considering the penalty guide starting point of a 10-drive suspension, were seeking a 5-day suspension. He said this would take into account Mr Payne’s frequency and volume of driving. He said Mr Payne drove 38 times last season and this was his 10th drive this season. Mr Renault said Mr Payne had a clear record under the rule.
Mr Payne and Mr Cox made no submissions on penalty.
Deferment was discussed but Mr Payne stated his next drive was scheduled on the 23 November at Geraldine.
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 suspension is appropriate. It is a low-level breach with the consequences of a horse galloping.
The mitigating factors are Mr Payne's horse was hanging inwards and JAZELLE was over racing. Mr Payne’s status as a Junior driver with a clear record who has admitted the breach, was also considered by the Committee.
There are no aggravating factors to consider.
The Committee having regard for the above factors, considered a 5-day suspension as an appropriate penalty in this case.
penalty:
Accordingly, Mr Payne’s licence to drive is suspended from the 15 November 2019 to racing on the 30 November 2019, inclusive.
Meetings encompassed in the suspension are:
Geraldine 23 Nov
Timaru 24 Nov
Forbury 28 Nov
Addington 29 Nov
Oamaru 30 Nov 2019
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr S Payne - Junior Driver
Otherperson: Mr J Cox - Open Horseman assisting Mr Payne, Mr N Ydgren - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ea2c80ad68988af4aa6fa147eecdf854
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
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meetdate: 14/11/2019
meet_title: Ashburton TC - 14 November 2019
meet_expappcomment:
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meet_racingtype: harness-racing
meet_chair: DAnderson
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name: Ashburton TC