Auckland TC 27 July 2012 – R 3
ID: JCA16368
Meet Title:
Auckland TC - 27 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2012/07/27
Race Number:
R 3
Decision:
We find the breach proved.
Penalty:
We impose a fine of $300.
Charge:
Careless Driving.
Facts:
Following the running of Race 3, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr R Fensom, the driver of horse number 5, Hilltop Hustler, alleging a breach of Rule 869(3) (b), the Careless Driving Rule.
The Information alleged that:
“Horseman R Fensom drove Hilltop Hustler carelessly causing interference to Platinum Roulette with approximately 300m to run”.
Rule 869(3) (b) provides that:
“No horseman in any race shall drive carelessly”.
Submissions for Decision:
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage from the 400 to the 200 metre marker. He said that Mr Fensom was improving four wide on the outer of Platinum Roulette and he attempted to cross into a three wide position when not sufficiently clear. As a result Platinum Roulette was impeded and went off stride and broke. Platinum Roulette finished in last place (8th) 17 lengths behind the winner and Hilltop Hustler finished in 3rd place.
Following a protest hearing Hilltop Hustler was disqualified from 3rd placing.
Mr Fensom had nothing to say about the incident.
Reasons for Decision:
Mr Fensom admitted the breach.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guidelines as a starting point. He told the Committee that Mr Fensom has a clear driving record and he should be given credit for admitting the breach at the first available opportunity.
Mr Fenson submitted that he has three or four horses ready to race during the next couple of weeks. He said that he generally has about six drives per month. He initially submitted that a suspension would possibly be better for him as opposed to a fine. The Committee advised Mr Fensom that there were approximately seven race day driving opportunities in the northern region during the next two months. In response Mr Fensom submitted that he would prefer a fine.
Reasons for Penalty:
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500 fine for a breach of this rule by any driver who causes a disqualification.
The Committee independently reviewed the circumstances of the breach and determined that Mr Fensom’s carelessness was at least mid-range, aggravated by the fact that his drive was subsequently disqualified from 3rd to 8th placing. We have noted Mr Fensom’s good driving record and have given him credit for admitting the breach at first available opportunity.
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: aa88c6ef8a6d09a92a8171e4f2353257
informantnumber: 2307
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/07/2012
hearing_title: Auckland TC 27 July 2012 - R 3
charge:
Careless Driving.
facts:
Following the running of Race 3, an Information was filed by Stipendiary Steward Mr J Muirhead against Open Horseman Mr R Fensom, the driver of horse number 5, Hilltop Hustler, alleging a breach of Rule 869(3) (b), the Careless Driving Rule.
The Information alleged that:
“Horseman R Fensom drove Hilltop Hustler carelessly causing interference to Platinum Roulette with approximately 300m to run”.
Rule 869(3) (b) provides that:
“No horseman in any race shall drive carelessly”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident to the Judicial Committee (the “Committee”) by way of video footage from the 400 to the 200 metre marker. He said that Mr Fensom was improving four wide on the outer of Platinum Roulette and he attempted to cross into a three wide position when not sufficiently clear. As a result Platinum Roulette was impeded and went off stride and broke. Platinum Roulette finished in last place (8th) 17 lengths behind the winner and Hilltop Hustler finished in 3rd place.
Following a protest hearing Hilltop Hustler was disqualified from 3rd placing.
Mr Fensom had nothing to say about the incident.
reasonsfordecision:
Mr Fensom admitted the breach.
Decision:
We find the breach proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guidelines as a starting point. He told the Committee that Mr Fensom has a clear driving record and he should be given credit for admitting the breach at the first available opportunity.
Mr Fenson submitted that he has three or four horses ready to race during the next couple of weeks. He said that he generally has about six drives per month. He initially submitted that a suspension would possibly be better for him as opposed to a fine. The Committee advised Mr Fensom that there were approximately seven race day driving opportunities in the northern region during the next two months. In response Mr Fensom submitted that he would prefer a fine.
reasonsforpenalty:
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500 fine for a breach of this rule by any driver who causes a disqualification.
The Committee independently reviewed the circumstances of the breach and determined that Mr Fensom’s carelessness was at least mid-range, aggravated by the fact that his drive was subsequently disqualified from 3rd to 8th placing. We have noted Mr Fensom’s good driving record and have given him credit for admitting the breach at first available opportunity.
penalty:
We impose a fine of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R Fensom - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 38e140fe5a5c8f4d6d290080e8732206
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 826706bd4420a98a4c37b1abbc161e25
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2012
meet_title: Auckland TC - 27 July 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC