Banks Peninsula TC – 29 December 2015 – R5 – Chair, Mr R McKenzie
ID: JCA16980
Meet Title:
Banks Peninsula TC - 29 December 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2015/12/29
Race Number:
R5
Decision:
Mr Smith having admitted the charge, the charge was found proved.
Penalty:
Mr Smith’s Junior Horseman’s licence was suspended from after the close of racing on 29 December 2015 up to and including 7 January 2016 – 2 days. The meetings intended to be encompassed by that period are Rangiora on 3 January and Oamaru on 7 January.
In addition, Mr Smith was fined the sum of $100.
Facts:
Following the running of Race 5, Challenge Lincoln Mobile Pace, an Information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr C T Smith, alleging that Mr Smith, as the driver of GRADUATE UNDER FIRE in the race “drove carelessly on the home turn when contacting the wheel of MAYBE FLYIN (J J A Young) causing the tyre to deflate”.
Mr Smith was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr R L Houghton.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly.
Mr Ydgren showed video replays, from a number of angles, of the final 600 metres of the race. He pointed out GRADUATE UNDER FIRE, driven by Mr Smith, racing 3-back on the pylons. He then showed that runner eased out from the pylons to get into the one out / one back position onto the back of MAYBE FLYIN, driven by Miss Young, which was racing outside the leader. Mr Ydgren then showed Mr Smith move his runner outwards again to improve 3-wide around Miss Young. In doing so, he made contact on several occasions with the right-hand tyre of Miss Young’s sulky. The tyre was punctured and immediately deflated. Mr Ydgren pointed out that Miss Young had turned her head and looked down on a couple of occasions.
Mr Ydgren said that MAYBE FLYIN had gone on to finish in 2nd placing in the race, beaten by the margin of a nose.
The contact could not be seen on any of the replays, Mr Ydgren said, but Miss Young had reported post-race that her tyre had been punctured at that stage of the race. Miss Young had said that there was contact on three occasions and she believed that the flat tyre had cost her the race.
Mr Houghton submitted that, at the point at which Mr Smith moved away from the pylons, it could be seen on the replay that his horse had begun to race erratically, holding its head up high and hard on the back of Miss Young. He suggested that it was then that the contact was made.
Mr Ydgren commented that Mr Smith’s horse was certainly travelling well at that stage.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Smith is an inexperienced Junior Horseman. He is in his first season of driving and has had 15 drives in total before today’s meeting.
Mr Ydgren submitted that the level of carelessness was “low end” – it was a minor error of judgement on Mr Smith’s part. However, the consequential effects were considerable. It was reasonable to say that it may have cost Miss Young’s horse the winning of the race, he submitted.
Mr Ydgren referred to the Penalty Guide starting point of a 10 drives’ suspension or a $500 fine. He said that Mr Smith had been very “up front and honest” in dealing with the Stewards regarding the incident. He had freely admitted the breach and had shown genuine remorse for his actions, Mr Ydgren said.
Stewards were submitting that a fine of $300-350 was appropriate for this, his first, breach or, alternatively, a 2 days’ suspension, on the basis that Mr Smith averages 2 drives per day.
Mr Smith had expressed a wish to the Stewards to be able to drive at the 2-day Nelson meeting on 8 and 10 January 2016. There were two meetings prior to Nelson – Rangiora on 3 January and Oamaru on 7 January, Mr Ydgren said. He said that he had no objection to a “small fine” being imposed in addition to a suspension.
Mr Smith confirmed that he would prefer a suspension to a fine, but did wish to be able to drive at the Nelson meeting.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to the appropriate starting point under the Penalty Guide, as pointed out by Mr Ydgren, of a 10 drives’ suspension or a fine of $500.
The sole aggravating factor, in the Committee’s view, was the possible effect of Mr Smith’s actions on the chances of Miss Young’s runner. The effect was difficult to assess. However, mitigating factors were Mr Smith’s inexperience and his frank admission of the breach. Mr Smith is entitled to a discount from the starting point for those two mitigating factors.
The Committee was satisfied that this matter could be dealt with by way of a 2 days’ suspension (4 drives) and, in addition, a fine of $100, which is equivalent to a further two drives.
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: bc83fc79d13c10b1592ccca362e7c9bf
informantnumber: A6743
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2015
hearing_title: Banks Peninsula TC - 29 December 2015 - R5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Challenge Lincoln Mobile Pace, an Information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr C T Smith, alleging that Mr Smith, as the driver of GRADUATE UNDER FIRE in the race “drove carelessly on the home turn when contacting the wheel of MAYBE FLYIN (J J A Young) causing the tyre to deflate”.
Mr Smith was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr R L Houghton.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly.
Mr Ydgren showed video replays, from a number of angles, of the final 600 metres of the race. He pointed out GRADUATE UNDER FIRE, driven by Mr Smith, racing 3-back on the pylons. He then showed that runner eased out from the pylons to get into the one out / one back position onto the back of MAYBE FLYIN, driven by Miss Young, which was racing outside the leader. Mr Ydgren then showed Mr Smith move his runner outwards again to improve 3-wide around Miss Young. In doing so, he made contact on several occasions with the right-hand tyre of Miss Young’s sulky. The tyre was punctured and immediately deflated. Mr Ydgren pointed out that Miss Young had turned her head and looked down on a couple of occasions.
Mr Ydgren said that MAYBE FLYIN had gone on to finish in 2nd placing in the race, beaten by the margin of a nose.
The contact could not be seen on any of the replays, Mr Ydgren said, but Miss Young had reported post-race that her tyre had been punctured at that stage of the race. Miss Young had said that there was contact on three occasions and she believed that the flat tyre had cost her the race.
Mr Houghton submitted that, at the point at which Mr Smith moved away from the pylons, it could be seen on the replay that his horse had begun to race erratically, holding its head up high and hard on the back of Miss Young. He suggested that it was then that the contact was made.
Mr Ydgren commented that Mr Smith’s horse was certainly travelling well at that stage.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Smith having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Smith is an inexperienced Junior Horseman. He is in his first season of driving and has had 15 drives in total before today’s meeting.
Mr Ydgren submitted that the level of carelessness was “low end” – it was a minor error of judgement on Mr Smith’s part. However, the consequential effects were considerable. It was reasonable to say that it may have cost Miss Young’s horse the winning of the race, he submitted.
Mr Ydgren referred to the Penalty Guide starting point of a 10 drives’ suspension or a $500 fine. He said that Mr Smith had been very “up front and honest” in dealing with the Stewards regarding the incident. He had freely admitted the breach and had shown genuine remorse for his actions, Mr Ydgren said.
Stewards were submitting that a fine of $300-350 was appropriate for this, his first, breach or, alternatively, a 2 days’ suspension, on the basis that Mr Smith averages 2 drives per day.
Mr Smith had expressed a wish to the Stewards to be able to drive at the 2-day Nelson meeting on 8 and 10 January 2016. There were two meetings prior to Nelson – Rangiora on 3 January and Oamaru on 7 January, Mr Ydgren said. He said that he had no objection to a “small fine” being imposed in addition to a suspension.
Mr Smith confirmed that he would prefer a suspension to a fine, but did wish to be able to drive at the Nelson meeting.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to the appropriate starting point under the Penalty Guide, as pointed out by Mr Ydgren, of a 10 drives’ suspension or a fine of $500.
The sole aggravating factor, in the Committee’s view, was the possible effect of Mr Smith’s actions on the chances of Miss Young’s runner. The effect was difficult to assess. However, mitigating factors were Mr Smith’s inexperience and his frank admission of the breach. Mr Smith is entitled to a discount from the starting point for those two mitigating factors.
The Committee was satisfied that this matter could be dealt with by way of a 2 days’ suspension (4 drives) and, in addition, a fine of $100, which is equivalent to a further two drives.
penalty:
Mr Smith’s Junior Horseman’s licence was suspended from after the close of racing on 29 December 2015 up to and including 7 January 2016 – 2 days. The meetings intended to be encompassed by that period are Rangiora on 3 January and Oamaru on 7 January.
In addition, Mr Smith was fined the sum of $100.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr NM Ydgren - Stipendiary Steward
JockeysandTrainer: Mr CT Smith - Licensed Junior Horseman
Otherperson: Mr RL Houghton - Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: de36a50162ad2f5d1d8ee7a56f646782
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race_emailed1: 0
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race_title: R5
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meetdate: 29/12/2015
meet_title: Banks Peninsula TC - 29 December 2015
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meet_racingtype: harness-racing
meet_chair: RMcKenzie
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name: Banks Peninsula TC