Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Banks Peninsula TC 24 January 2021 – R 6 – Chair, Mr S Ching

ID: JCA13688

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr T Williams - Licensed Open Driver

Information Number:
A13228

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 24 January 2021

Meet Chair:
SChing

Race Date:
2021/01/24

Race Number:
R6

Decision:

As Mr Williams had admitted the breach the charge was found proved.

Penalty:

Accordingly, Mr Williams is fined the sum of $350.

Facts:

Following the running of Race 6, the Gary Cockram Hyundai Mobile Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Open Driver, Mr T Williams, alleging a breach of Rule 869(3)(b) in that when driving PRINCE RANIER he drove carelessly when shifting into an insufficient run near the 250m which caused his horse to break.

Mr Williams had indicated on the Information that this breach of the Rules was admitted which he confirmed to the hearing. Mr Williams also acknowledged that he understood the Rule and charge bought against him.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly:-"

Mr Renault, gave evidence and used video coverage to demonstrate that approaching the 250m PRINCE RANIER, driven by Mr Williams, was racing midfield but in behind runners and looking to improve. He pointed out Mr Williams improve into a gap between FAITH NO MORE, driven by Ms L McKay and SIERRA GOLD driven by Mr R Holmes. Mr Renault demonstrated on the films that this gap was sufficient for the horse to improve into but not sufficient enough for the sulky. He stated that as a result, the near hind leg of PRINCE RANIER struck the sulky wheel of FAITH NO MORE with PRINCE RANIER then breaking losing all chance.

Mr Williams agreed with the evidence as presented.

Submissions for Penalty:

Mr Renault stated that Mr Williams had a clear record over the prior 6 months in relation to offending under this Rule. He stated that the Stewards were seeking a fine in this case as this was a striking wheel breach.

Mr Renault stated that the JCA Penalty Guide provided a $300 starting point for a breach of this Rule. He stated that there were aggravating factors to consider being the fact that Mr Williams' drive was a favoured runner and the incident had extinguished the horse’s chances. Mr Renault added that there were mitigating factors to consider, being Mr Williams record and his frank admission of the breach.

Mr Williams submitted that a fine was preferred as penalty.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a $300 fine for a breach of this Rule, where the breach is striking a wheel. This Committee determined that this breach was mid-range and accordingly adopted the $300 starting point. Aggravating factors are as noted above and warrant an uplift in penalty. This uplift we set at $100. There were however mitigating factors to consider, being Mr Williams clear record and his frank admission of the breach. For these factors a combined discount was warranted which the Committee set at $50. It was therefore determined that an appropriate penalty in this case was a fine of $350.

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: 585bf6861b2dd07af14ecb9a364a712a


informantnumber: A13228


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 25/01/2021


hearing_title: Banks Peninsula TC 24 January 2021 - R 6 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 6, the Gary Cockram Hyundai Mobile Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Open Driver, Mr T Williams, alleging a breach of Rule 869(3)(b) in that when driving PRINCE RANIER he drove carelessly when shifting into an insufficient run near the 250m which caused his horse to break.

Mr Williams had indicated on the Information that this breach of the Rules was admitted which he confirmed to the hearing. Mr Williams also acknowledged that he understood the Rule and charge bought against him.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly:-"

Mr Renault, gave evidence and used video coverage to demonstrate that approaching the 250m PRINCE RANIER, driven by Mr Williams, was racing midfield but in behind runners and looking to improve. He pointed out Mr Williams improve into a gap between FAITH NO MORE, driven by Ms L McKay and SIERRA GOLD driven by Mr R Holmes. Mr Renault demonstrated on the films that this gap was sufficient for the horse to improve into but not sufficient enough for the sulky. He stated that as a result, the near hind leg of PRINCE RANIER struck the sulky wheel of FAITH NO MORE with PRINCE RANIER then breaking losing all chance.

Mr Williams agreed with the evidence as presented.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Williams had admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Renault stated that Mr Williams had a clear record over the prior 6 months in relation to offending under this Rule. He stated that the Stewards were seeking a fine in this case as this was a striking wheel breach.

Mr Renault stated that the JCA Penalty Guide provided a $300 starting point for a breach of this Rule. He stated that there were aggravating factors to consider being the fact that Mr Williams' drive was a favoured runner and the incident had extinguished the horse’s chances. Mr Renault added that there were mitigating factors to consider, being Mr Williams record and his frank admission of the breach.

Mr Williams submitted that a fine was preferred as penalty.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a $300 fine for a breach of this Rule, where the breach is striking a wheel. This Committee determined that this breach was mid-range and accordingly adopted the $300 starting point. Aggravating factors are as noted above and warrant an uplift in penalty. This uplift we set at $100. There were however mitigating factors to consider, being Mr Williams clear record and his frank admission of the breach. For these factors a combined discount was warranted which the Committee set at $50. It was therefore determined that an appropriate penalty in this case was a fine of $350.


penalty:

Accordingly, Mr Williams is fined the sum of $350.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr T Williams - Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ecd760327042de5b046914bc3e6aa461


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ef5c928ce86ee8e7d888678cac117c22


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/01/2021


meet_title: Banks Peninsula TC - 24 January 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: none


meet_pm2: none


name: Banks Peninsula TC