Banks Peninsula HRC 26 January 2014 – R 9 & R 10 (Adjourned – heard 28 January 2014)

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startdate: 26/01/2014

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hearing_title: Banks Peninsula HRC 26 January 2014 - R 9 & R 10 (Adjourned - heard 28 January 2014)

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Decision:

Banks Peninsula  HRC 26 January 2014 - R 9 & R 10

Rule: 507(1)
No horseman shall break an engagement to drive a horse
Judicial Committee: K Hales, Chair - R McKenzie, Committee Member 
Defendant: Mr D Dunn - Open Horseman
Informant: Mr S Renault - Stipendiary Steward
Information Number: A6453
Plea: Admitted
Charge: Breaks Driving engagements
Evidence:
Mr Dunn was engaged to drive Only For You and Provocative Prince in Races 9 and 10 respectively, at the Banks Peninsula Harness Racing Club's meeting on Sunday 26th January, at the Motukarara Raceway. During the course of the day, the Stipendiary Stewards received advice that Mr Dunn had missed his flight from Melbourne that morning, and would not be able to fulfil his driving engagements later in the day. He was replaced by Mr J Curtin in Race 9 and Mr M Williamson in Race 10, both of whom are Open Horsemen.

As a consequence, Mr Dunn was charged with breaking his driving engagements. The information was filed on raceday and the charge heard at the Rangiora Harness Racing Club's meeting on Tuesday 28th January 2014.

At the hearing, Mr Dunn said that he had been driving at Ballarat, Victoria, and had booked a flight which would have given him ample time to get to the Banks Peninsula meeting in time to fulfil his engagements. Unfortunately, he overslept and as a consequence missed his flight. He immediately telephoned Mr N Ydgren, Stipendiary Steward to advise him of his dilemma. Mr Ydgren, who was present, confirmed, by reference to his mobile 'phone, that the call was received it 11:35 am on raceday. Mr Dunn said that there was nothing purposeful about him not catching his scheduled flight - he simply overslept.

Decision:

As Mr Dunn has admitted the charge it is deemed to be proved.

Submission For Penalty:

Mr Renault submitted that a fine of $200 should be imposed in accordance with Judicial Control Authority's penalty guidelines. He did not point to any aggravating features in relation to the charge.

In response, Mr Dunn submitted that $200 was "too tough", having regard to the fact that it was not his intention to willingly break the engagements, and the fact that he notified the Stipendiary Stewards at least 5 hours before the start time of the races that he was engaged to drive in.

Reasons For Penalty:

The starting point for the imposition of penalty is a fine of $200. We must then consider the aggravating and mitigating features in relation to the offence. We have also referred to the Penalty Data base.

There are no aggravating features. The principal mitigating feature is that the Stipendiary Stewards were notified at least 5 hours before the start time of Mr Dunn's first drive. He was replaced by experienced horsemen, and thus there was ample time available for the betting public to consider their investments.

We also note that the Penalty Data base records that Driver "A" at the Wairio Harness Racing Club's meeting on 20th October 2013, was fined $150 for breaking an engagement, in order to drive another horse in the same race. On the face of it, that type of breach, is more serious than the current situation.

Notwithstanding that there were two engagements broken by Mr Dunn, we are of the view that a discount of $50 can be allowed on the starting point.

Penalty:

Mr Dunn is fined $150.

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hearing_type: Old Hearing

Rules: 507(1) No horseman shall break an engagement to drive a horse

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