Cambridge – Te Awamutu HRC – 1 October 2009 –

hearingid: 15bdd0d4cf74d733ee0eb984e4fd12bf

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startdate: 01/10/2009

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hearing_title: Cambridge - Te Awamutu HRC - 1 October 2009 -

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An information filed by Stipendiary Steward Mr J Muirhead against Mr T Hall, junior driver and driver of CULLY’S CREATION, alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he drove his horse carelessly with about 100 metres to run

An information filed by Stipendiary Steward Mr J Muirhead against Mr T Hall, junior driver and driver of CULLY’S CREATION, alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he drove his horse carelessly with about 100 metres to run when CULLY’S CREATION’s off foreleg struck the sulky wheel of EXTENDED CREDIT driven by Mr S Argue, resulting in CULLY’S CREATION breaking and losing its chance.

Mr Hall admitted the breach and was present at the hearing, assisted by Senior Horseman Mr G Robb.

Mr Muirhead showed the video film of the incident.  Mr Hall steered his horse inwards into the passing lane on the inside of EXTENDED CREDIT.  In the process the off foreleg of CULLY’S CREATION struck the sulky wheel of EXTENDED CREDIT.  CULLY’S CREATION was improving quickly and may have finished in a dividend bearing position.  However, it broke and lost its chance.  Mr Muirhead said there was a mitigating factor – CULLY’S CREATION was slow to react to the steering of Mr Hall.  Mr Robb accepted the interpretation of Mr Muirhead and said there was another mitigating factor in that EXTENDED CREDIT began stopping quickly.

PENALTY

Mr Muirhead said the offending was in the lower half of the scale of seriousness.  Mr Hall had 40 drives last season and his driving record was clear.  He recommended a fine of $250.

Mr Robb referred to the mitigating factor and said no other horse was interfered with.   He suggested a fine of less than $250.  Mr Hall said he had been driving for 5 years.  This is his first appearance before a Judicial Committee.

In fixing penalty the Committee has taken into account the following matters :

1. The guilty plea.
2. The submissions of Mr Muirhead.
3. The submissions of Mr Robb.
4. Mr Hall’s clear driving record.
5. The offending is in the lower half of the scale of seriousness.
6. The recommended starting penalty is a fine of $400 and/or 2 week suspension.

Balancing those matters, but with emphasis on a clear driving record, the breach not being of a serious nature and the mitigating factors, the Committee imposes a fine of $200.

B J Rowe          B Scott
Chairman

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hearing_type: Old Hearing

Rules: 869.3.b

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