Auckland TC 5 February 2016 – R 9 – Chair, Mr B Scott
ID: JCA12358
Meet Title:
Auckland TC - 5 February 2016
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2016/02/05
Race Number:
R9
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
The Committee imposes a fine of $200.00 on Ms Donnelly.
Facts:
Following the running of the MITAVITE TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licenced Open Horsewoman Ms A Donnelly alleging that Ms Donnelly drove THE CROWN JEWELS carelessly contacting the wheel of the sulky of ANGUS BOLT with approximately 500 metres to run and flattening its tyre.
Ms Donnelly was present at the Hearing and acknowledged that she understood the rule and she confirmed that she admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed that with about 500 metres to run Ms Donnelly was trailing ANGUS BOLT (Driver BM Mangos) and as she went to move out from behind that horse her horse's front foot contacted the tyre on ANGUS BOLT's and flattened it. Mr Muirhead said that the contact was not obvious however at the time of contact Mr Mangos looked down at his outside sulky wheel.
Ms Donnelly said that at the time of the incident ANGUS BOLT shifted out slightly and Mr Muirhead said that Ms Donnelly's horse was hanging in slightly.
Ms Donnelly also said that at the time Mr Mangos' horse did not appear to be going that good.
Submissions for Penalty:
Mr Muirhead said that the charge was admitted and Ms Donnelly had a very good record and she should be given credit for this. He referred to the JCA Guidelines and the starting point penalties but the ones he referred to were for rule 869(4) and not the within rule. The starting point penalties under rule 869(3)(b) are suspension of Licence for 8 drives or a $400.00 fine.
Mr Muirhead said that taking into account the mitigating factors the Stewards were seeking a fine of $200.00.
Ms Donnelly said that the incident was not intentional and she wouldn't be happy to have to pay a $400.00 fine.
Reasons for Penalty:
After listening to the parties and viewing the films the Committee views the incident as being in the lower range. The aggravating factor is that the sulky tyre on ANGUS BOLT was flattened and this must have had some affect on its chances.
The mitigating factors however are that this was a low range incident (we accept that it was unintentional) and the contact was hard to see on the films. Ms Donnelly's admission of the breach and her very good record are also factors in mitigation.
We have taken into account the starting point penalties under this rule and we also have the benefit of JCA Penalty Schedules that detail other penalties under this rule.
Taking all matters into account we believe that the level of fine submitted by Mr Muirhead is appropriate.
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: 528a974960c11f71c7fe9194506f2454
informantnumber: A7441
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 08/02/2016
hearing_title: Auckland TC 5 February 2016 - R 9 - Chair, Mr B Scott
charge:
facts:
Following the running of the MITAVITE TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licenced Open Horsewoman Ms A Donnelly alleging that Ms Donnelly drove THE CROWN JEWELS carelessly contacting the wheel of the sulky of ANGUS BOLT with approximately 500 metres to run and flattening its tyre.
Ms Donnelly was present at the Hearing and acknowledged that she understood the rule and she confirmed that she admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed that with about 500 metres to run Ms Donnelly was trailing ANGUS BOLT (Driver BM Mangos) and as she went to move out from behind that horse her horse's front foot contacted the tyre on ANGUS BOLT's and flattened it. Mr Muirhead said that the contact was not obvious however at the time of contact Mr Mangos looked down at his outside sulky wheel.
Ms Donnelly said that at the time of the incident ANGUS BOLT shifted out slightly and Mr Muirhead said that Ms Donnelly's horse was hanging in slightly.
Ms Donnelly also said that at the time Mr Mangos' horse did not appear to be going that good.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Muirhead said that the charge was admitted and Ms Donnelly had a very good record and she should be given credit for this. He referred to the JCA Guidelines and the starting point penalties but the ones he referred to were for rule 869(4) and not the within rule. The starting point penalties under rule 869(3)(b) are suspension of Licence for 8 drives or a $400.00 fine.
Mr Muirhead said that taking into account the mitigating factors the Stewards were seeking a fine of $200.00.
Ms Donnelly said that the incident was not intentional and she wouldn't be happy to have to pay a $400.00 fine.
reasonsforpenalty:
After listening to the parties and viewing the films the Committee views the incident as being in the lower range. The aggravating factor is that the sulky tyre on ANGUS BOLT was flattened and this must have had some affect on its chances.
The mitigating factors however are that this was a low range incident (we accept that it was unintentional) and the contact was hard to see on the films. Ms Donnelly's admission of the breach and her very good record are also factors in mitigation.
We have taken into account the starting point penalties under this rule and we also have the benefit of JCA Penalty Schedules that detail other penalties under this rule.
Taking all matters into account we believe that the level of fine submitted by Mr Muirhead is appropriate.
penalty:
The Committee imposes a fine of $200.00 on Ms Donnelly.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Ms A Donnelly - Licenced Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 942b8cdaccf91620b41c6a36580e1c8b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 25ffc35589703c78dd7685dcd2710654
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2016
meet_title: Auckland TC - 5 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC