Invercargill HRC 16 May 2015 – R 1
ID: JCA17390
Meet Title:
Invercargill HRC - 16 May 2015
Meet Chair:
SChing
Meet Committee Member 1:
KHales
Race Date:
2015/05/16
Race Number:
R1
Decision:
As Mr Cox had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Cox was fined the sum of $350.
Facts:
Following the running of Race 1, the Invercargill Workouts Committee Trot, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr J Cox, alleging a breach of Rule 869(3) (b) in that he drove carelessly when he allowed his drive, BOY LET LOOSE, to shift inwards when not clear of CONALL CERNACH near the 400m resulting in CONALL CERNACH being checked and breaking.
Mr Cox had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with. He confirmed this at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren gave evidence and used video coverage to show that near the 400m, BOY LET LOOSE, driven by Mr Cox, was racing in the parked position on the outside of the leader CONALL CERNACH, driven by Mr B Shirley. Mr Ydgren pointed out BOY LET LOOSE, who was hanging in at the time, shifted inwards and as a result the left sulky wheel of BOY LET LOOSE made contact with the off hind leg of CONALL CERNACH which broke from its gait, losing all chance. Mr Ydgren submitted that the careless driving from Mr Cox was that he did not make sufficient effort to ensure that his horse stayed outwards of Mr Shirley and provide that runner with sufficient room as he is required. He also said that although BOY LET LOOSE was hanging in, Mr Cox should have made a greater effort to ensure the pressure did not build and secondly to alleviate it to a greater extent than what he had.
Mr Cox stated that his horse was hanging in and he was trying to give Mr Shirley room but agreed with Mr Ydgren that he should have made more effort to alleviate the pressure.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Cox was a very busy driver with lifetime drives totalling 4,373. He said Mr Cox had 428 drives last season with 456 so far this season. He also said that Mr Cox had a clear record with regard to this rule over the previous 12 months and had admitted the breach at the earliest opportunity. Mr Ydgren stated that the consequences of Mr Cox’s carelessness were mid to high as CONALL CERNACH had its chances extinguished. Mr Ydgren stated that the JCA Penalty Guide indicates a starting point of 10 drives or a $500 fine for a breach of this Rule. Mr Ydgren submitted that a maximum fine of $400 be considered in this case.
Mr Cox made no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Cox’s open and frank admission of the breach and his good penalty record. An aggravating factor was that the consequences of his carelessness had extinguished the chances of another runner.
The JCA Penalty Guide recommends a starting point of a $500 fine or suspension of 10 drives for a breach of this Rule. The Committee determined that due to the consequences of his carelessness, that an uplift of $50 on the starting point of $500 was warranted. We were however able to give Mr Cox a discount of $100 for his open and frank admission of the breach and a further $100 discount for his good record. The Committee determined that a fine of $350 was an appropriate penalty in this case.
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: ddcaddcfcd56e3de3a484703f06fd42d
informantnumber: A1475
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/05/2015
hearing_title: Invercargill HRC 16 May 2015 - R 1
charge:
facts:
Following the running of Race 1, the Invercargill Workouts Committee Trot, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr J Cox, alleging a breach of Rule 869(3) (b) in that he drove carelessly when he allowed his drive, BOY LET LOOSE, to shift inwards when not clear of CONALL CERNACH near the 400m resulting in CONALL CERNACH being checked and breaking.
Mr Cox had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with. He confirmed this at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Ydgren gave evidence and used video coverage to show that near the 400m, BOY LET LOOSE, driven by Mr Cox, was racing in the parked position on the outside of the leader CONALL CERNACH, driven by Mr B Shirley. Mr Ydgren pointed out BOY LET LOOSE, who was hanging in at the time, shifted inwards and as a result the left sulky wheel of BOY LET LOOSE made contact with the off hind leg of CONALL CERNACH which broke from its gait, losing all chance. Mr Ydgren submitted that the careless driving from Mr Cox was that he did not make sufficient effort to ensure that his horse stayed outwards of Mr Shirley and provide that runner with sufficient room as he is required. He also said that although BOY LET LOOSE was hanging in, Mr Cox should have made a greater effort to ensure the pressure did not build and secondly to alleviate it to a greater extent than what he had.
Mr Cox stated that his horse was hanging in and he was trying to give Mr Shirley room but agreed with Mr Ydgren that he should have made more effort to alleviate the pressure.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cox had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Cox was a very busy driver with lifetime drives totalling 4,373. He said Mr Cox had 428 drives last season with 456 so far this season. He also said that Mr Cox had a clear record with regard to this rule over the previous 12 months and had admitted the breach at the earliest opportunity. Mr Ydgren stated that the consequences of Mr Cox’s carelessness were mid to high as CONALL CERNACH had its chances extinguished. Mr Ydgren stated that the JCA Penalty Guide indicates a starting point of 10 drives or a $500 fine for a breach of this Rule. Mr Ydgren submitted that a maximum fine of $400 be considered in this case.
Mr Cox made no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Cox’s open and frank admission of the breach and his good penalty record. An aggravating factor was that the consequences of his carelessness had extinguished the chances of another runner.
The JCA Penalty Guide recommends a starting point of a $500 fine or suspension of 10 drives for a breach of this Rule. The Committee determined that due to the consequences of his carelessness, that an uplift of $50 on the starting point of $500 was warranted. We were however able to give Mr Cox a discount of $100 for his open and frank admission of the breach and a further $100 discount for his good record. The Committee determined that a fine of $350 was an appropriate penalty in this case.
penalty:
Mr Cox was fined the sum of $350.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: J Cox- Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e2cf13db882b620fa3493808964846de
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: 95bb7af489a38f8e57d8c1ff66f2b94b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/05/2015
meet_title: Invercargill HRC - 16 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: KHales
meet_pm2: none
name: Invercargill HRC