Banks Peninsula TC 30 September 2012 – R 4
ID: JCA16664
Meet Title:
Banks Peninsula TC - 30 September 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/09/30
Race Number:
R4
Decision:
The charge was found to be proved.
Penalty:
The parties were advised that Mr Ward was fined the sum of $400-00.
Charge:
Alleged careless driving
Facts:
Following the running of Race 4, the Bush Inn & Bishopdale TAB’s Amateur Drivers’ Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Advanced Amateur Driver Mr T. J. Ward, the driver of “Little Joe” (10).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) in that driver T. Ward drove carelessly when shifting ground inwards near the 100m when driving “Little Joe”, checking “Roxy Bromac” (R. Sissons) which broke.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Ward had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Ward also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
There had previously been a protest hearing relating to this incident, and the parties agreed that the evidence from that hearing would form the basis for this hearing.
It had been shown during the protest hearing that Mr Ward had allowed his horse to run inwards in the home straight, with the result that his horse had made contact with “Roxy Bromac”, causing that horse to break. “Little Joe” had finished first in the race, but the protest was upheld and it was relegated to 10th place.
Reasons for Decision:
As Mr Ward had admitted the charge it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren submitted that it should be taken into account that the breach was admitted and that Mr Ward had not previously breached this Rule. Mr Ydgren referred to the Penalty Guide which recommends a starting point of 10 drives or a fine of $500-00 where the careless driving results in a relegation. Mr Ydgren submitted that a fine of $400-00 should be imposed in this case.
Mr Ward had no submissions to make with regard to penalty.
Reasons for Penalty:
In determining an appropriate penalty in this case we took into account, to Mr Ward’s credit, that he had a clear record and that he had admitted the breach. On the other hand Mr Ward’s driving had resulted in the relegation of his horse from 1st place, with serious effects on investors on the horse and its connections. We were satisfied that a fine of $400-00 should be imposed in this case.
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: d1cecbcb6cb793ee25e6b2f63839e083
informantnumber: A5555
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 05/09/2012
hearing_title: Banks Peninsula TC 30 September 2012 - R 4
charge:
Alleged careless driving
facts:
Following the running of Race 4, the Bush Inn & Bishopdale TAB’s Amateur Drivers’ Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Advanced Amateur Driver Mr T. J. Ward, the driver of “Little Joe” (10).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) in that driver T. Ward drove carelessly when shifting ground inwards near the 100m when driving “Little Joe”, checking “Roxy Bromac” (R. Sissons) which broke.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Ward had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Ward also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
There had previously been a protest hearing relating to this incident, and the parties agreed that the evidence from that hearing would form the basis for this hearing.
It had been shown during the protest hearing that Mr Ward had allowed his horse to run inwards in the home straight, with the result that his horse had made contact with “Roxy Bromac”, causing that horse to break. “Little Joe” had finished first in the race, but the protest was upheld and it was relegated to 10th place.
reasonsfordecision:
As Mr Ward had admitted the charge it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren submitted that it should be taken into account that the breach was admitted and that Mr Ward had not previously breached this Rule. Mr Ydgren referred to the Penalty Guide which recommends a starting point of 10 drives or a fine of $500-00 where the careless driving results in a relegation. Mr Ydgren submitted that a fine of $400-00 should be imposed in this case.
Mr Ward had no submissions to make with regard to penalty.
reasonsforpenalty:
In determining an appropriate penalty in this case we took into account, to Mr Ward’s credit, that he had a clear record and that he had admitted the breach. On the other hand Mr Ward’s driving had resulted in the relegation of his horse from 1st place, with serious effects on investors on the horse and its connections. We were satisfied that a fine of $400-00 should be imposed in this case.
penalty:
The parties were advised that Mr Ward was fined the sum of $400-00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr T. J. Ward - Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 73195b98d544de8031281a462f9be4ec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b75436784060ce2f62c9d4640e335cca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2012
meet_title: Banks Peninsula TC - 30 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC