Bay of Plenty HRC 25 January 2015 – R 1
ID: JCA15886
Meet Title:
Bay of Plenty HRC - 25 January 2015
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2015/01/25
Race Number:
R1
Decision:
As Mr Kriechbaumer admitted the breach we find the charge proved.
Penalty:
The Committee accordingly imposes a fine of $250 on Mr Kriechbaumer.
Facts:
Following the running of the race 1, Waihi Beach RSA Mobile Pace, an Information was filed pursuant to Rule 869(3)b). The Informant, Stipendiary Steward Mr S Mulcay, alleged that Advanced Amateur Horseman Mr J Kriechbaumer drove OUR SOUTHERN MAN carelessly striking the wheel of the sulky of JD’S DREAM with approximately 750 metres to run, JD'S DREAM pulled a flat tyre from that stage on.
Rule 869(3) (b) provides:
“No horseman in any Race shall drive carelessly.”
Mr Kriechbaumer acknowledged that he understood the Rule and he admitted the breach.
Mr Muirhead demonstrated the incident by use of the available video footage. He showed that Mr Kriechbaumer driving OUR SOUTHERN MAN was racing second last on the outside with JD’S DREAM racing directly in front of him near the 800 metres. He said when Mr Kriechbaumer moved out to make a run forward he struck the sulky wheel of JD’S DREAM. As a result of this OUR SOUTHERN MAN threw its head in the air.
Mr Mulcay added that JD’S DREAM chances were impacted for the remainder of the race due to having a flat tyre.
Mr Kriechbaumer said that OUR SOUTHERN MAN was fighting him during the race due to the slow tempo and he was trying to control his drive.
In response to a question from the Committee, Mr Kriechbaumer conceded he should have made a move forward earlier in the race.
Submissions for Penalty:
Mr Mulcay produced Mr Kriechbaumer’s record which showed one previous breach under this Rule in the last 12 months. He assessed the carelessness as low range but noted JD’S DREAM had its chances affected. Mr Mulcay submitted an appropriate penalty would be a $200 fine.
Mr Kriechbaumer had nothing to offer regarding penalty.
Reasons for Penalty:
The Committee carefully considered all of the evidence and submissions presented. The mitigating factors are Mr Kriechbaumer’s admission of the breach and we assess the level of carelessness as low end. The aggravating facts are this is Mr Kriechbaumer’s second breach from limited drives this season and JD’S DREAM chances were impeded by having its tyre punctured through the actions of Mr Kriechbaumer.
The JCA recommended starting point for penalties under this Rule are suspension of licence for eight drives or a $400.00 fine. We also referred to similar penalties imposed under this Rule.
After taking into account all the above factors we consider an appropriate penalty is a $250 fine.
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: e0685452c2a04f9b694e5a03b22757d6
informantnumber: A3718
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 13/01/2015
hearing_title: Bay of Plenty HRC 25 January 2015 - R 1
charge:
facts:
Following the running of the race 1, Waihi Beach RSA Mobile Pace, an Information was filed pursuant to Rule 869(3)b). The Informant, Stipendiary Steward Mr S Mulcay, alleged that Advanced Amateur Horseman Mr J Kriechbaumer drove OUR SOUTHERN MAN carelessly striking the wheel of the sulky of JD’S DREAM with approximately 750 metres to run, JD'S DREAM pulled a flat tyre from that stage on.
Rule 869(3) (b) provides:
“No horseman in any Race shall drive carelessly.”
Mr Kriechbaumer acknowledged that he understood the Rule and he admitted the breach.
Mr Muirhead demonstrated the incident by use of the available video footage. He showed that Mr Kriechbaumer driving OUR SOUTHERN MAN was racing second last on the outside with JD’S DREAM racing directly in front of him near the 800 metres. He said when Mr Kriechbaumer moved out to make a run forward he struck the sulky wheel of JD’S DREAM. As a result of this OUR SOUTHERN MAN threw its head in the air.
Mr Mulcay added that JD’S DREAM chances were impacted for the remainder of the race due to having a flat tyre.
Mr Kriechbaumer said that OUR SOUTHERN MAN was fighting him during the race due to the slow tempo and he was trying to control his drive.
In response to a question from the Committee, Mr Kriechbaumer conceded he should have made a move forward earlier in the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kriechbaumer admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Kriechbaumer’s record which showed one previous breach under this Rule in the last 12 months. He assessed the carelessness as low range but noted JD’S DREAM had its chances affected. Mr Mulcay submitted an appropriate penalty would be a $200 fine.
Mr Kriechbaumer had nothing to offer regarding penalty.
reasonsforpenalty:
The Committee carefully considered all of the evidence and submissions presented. The mitigating factors are Mr Kriechbaumer’s admission of the breach and we assess the level of carelessness as low end. The aggravating facts are this is Mr Kriechbaumer’s second breach from limited drives this season and JD’S DREAM chances were impeded by having its tyre punctured through the actions of Mr Kriechbaumer.
The JCA recommended starting point for penalties under this Rule are suspension of licence for eight drives or a $400.00 fine. We also referred to similar penalties imposed under this Rule.
After taking into account all the above factors we consider an appropriate penalty is a $250 fine.
penalty:
The Committee accordingly imposes a fine of $250 on Mr Kriechbaumer.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J Kriechbaumer - Advanced Amateur Horseman
Otherperson: Mr J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 11a9ac38e9d6d7306014ee53e81577db
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4145cdd34434dd84b7d54494c45edc5e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/01/2015
meet_title: Bay of Plenty HRC - 25 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Bay of Plenty HRC