Bay of Plenty HRC 18 October 2012 – R 2
ID: JCA11430
Meet Title:
Bay of Plenty HRC - 18 October 2012
Meet Chair:
BScott
Meet Committee Member 1:
JHolloway
Race Date:
2012/10/18
Race Number:
R2
Decision:
The charge is admitted and accordingly is proved.
Penalty:
The Committee imposes a fine of $250.00 on Mr Butcher.
Charge:
Breach of Rule 869(3)(b) Careless Driving
Facts:
An Information was lodged by Stipendiary Steward Mr CJ Allison against Licensed Open Horseman Mr DJ Butcher alleging that Mr Butcher the driver of MITCHELL'S MOMENT shifted ground inwards shortly after the start and struck the wheel of PAINTED BLACK causing his horse to break.
Mr Butcher was present and advised this Committee that he admitted the breach.
Mr Allison gave evidence from his observation of the Race and confirmed the position as set out in the charge. He said that the incident happened shortly after the start. He said that while MITCHELL'S MOMENT was in a break it slightly inconvenienced another horse.
Mr Butcher said that he was easing down from barrier 6. He said he only moved in shade and that there may have been an easing of the pace and he struck the wheel of PAINTED BLACK and his horse broke. He said that although his horse broke and lost ground it did not affect the result.
Submissions for Penalty:
Mr Allison said that this was a minor incident and at the lower end of the scale of seriousness. He said that Mr Butcher drives extensively and has a good record. He said that this charge could be dealt with by the imposition of a low fine.
Mr Butcher concurred that this was at the lower end. He said that although his horse was favourite it is not good and its chances were not affected.
Reasons for Penalty:
The Committee viewed the films from 3 different angles. The incident is clearly shown and Mr Butcher has been careless because there was no pressure on him from any other horse. It was not a very good example of driving for someone of Mr Butcher's experience and ability. His horse was favourite and those who wagered on his horse were entitled to expect a better standard of driving.
The Committee noted from its records that Mr Butcher has a similar breach of this Rule in December last year. Mr Butcher has admitted the breach but based on the video evidence he had no other option.
Mr Butcher is however a busy and successful driver and his record is generally good.
The JCA Guidelines provide for a starting point penalty of suspension for 8 drives or a $400.00 fine. The Committee does have the benefit of the JCA Penalty Schedule and is able to check on previous penalties for charges under this Rule. The Committee takes into account Mr Butcher's admission of the breach and his record and believes that a fine less than the starting point penalty 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: 1b958995e3901fa3c587b877bfdce037
informantnumber: A1322
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2012
hearing_title: Bay of Plenty HRC 18 October 2012 - R 2
charge:
Breach of Rule 869(3)(b) Careless Driving
facts:
An Information was lodged by Stipendiary Steward Mr CJ Allison against Licensed Open Horseman Mr DJ Butcher alleging that Mr Butcher the driver of MITCHELL'S MOMENT shifted ground inwards shortly after the start and struck the wheel of PAINTED BLACK causing his horse to break.
Mr Butcher was present and advised this Committee that he admitted the breach.
Mr Allison gave evidence from his observation of the Race and confirmed the position as set out in the charge. He said that the incident happened shortly after the start. He said that while MITCHELL'S MOMENT was in a break it slightly inconvenienced another horse.
Mr Butcher said that he was easing down from barrier 6. He said he only moved in shade and that there may have been an easing of the pace and he struck the wheel of PAINTED BLACK and his horse broke. He said that although his horse broke and lost ground it did not affect the result.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and accordingly is proved.
sumissionsforpenalty:
Mr Allison said that this was a minor incident and at the lower end of the scale of seriousness. He said that Mr Butcher drives extensively and has a good record. He said that this charge could be dealt with by the imposition of a low fine.
Mr Butcher concurred that this was at the lower end. He said that although his horse was favourite it is not good and its chances were not affected.
reasonsforpenalty:
The Committee viewed the films from 3 different angles. The incident is clearly shown and Mr Butcher has been careless because there was no pressure on him from any other horse. It was not a very good example of driving for someone of Mr Butcher's experience and ability. His horse was favourite and those who wagered on his horse were entitled to expect a better standard of driving.
The Committee noted from its records that Mr Butcher has a similar breach of this Rule in December last year. Mr Butcher has admitted the breach but based on the video evidence he had no other option.
Mr Butcher is however a busy and successful driver and his record is generally good.
The JCA Guidelines provide for a starting point penalty of suspension for 8 drives or a $400.00 fine. The Committee does have the benefit of the JCA Penalty Schedule and is able to check on previous penalties for charges under this Rule. The Committee takes into account Mr Butcher's admission of the breach and his record and believes that a fine less than the starting point penalty is appropriate.
penalty:
The Committee imposes a fine of $250.00 on Mr Butcher.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr C J Allison - Stipendiary Steward
JockeysandTrainer: Mr D J Butcher - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 83ee31117e7366a3dfbaafa9e7a4afad
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fad8529e90b76f52745598d6b64ab3c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2012
meet_title: Bay of Plenty HRC - 18 October 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: JHolloway
meet_pm2: none
name: Bay of Plenty HRC