Invercargill HRC 2 June 2014 – R 1
ID: JCA15983
Meet Title:
Invercargill HRC - 2 June 2014
Meet Chair:
NSkelt
Race Date:
2014/06/02
Race Number:
R 1
Decision:
As Mr Dunn has admitted the breach I thus find the charge proved.
Penalty:
Mr Dunn was fined the sum of $150.00 and reminded of his professional obligations under this rule.
Facts:
An information was lodged by Stipendiary Steward Mr N Ydgren alleging that open horseman Mr D Dunn due to his travel itinerary was unable to drive Starcola in Race 1, The Russell Dixon And Steve Hawke Trot, and as a result broke his engagement to drive.
The rule reads 507(1):
No horseman shall break an engagement to drive a horse.
Mr Dunn admitted the breach and confirmed he understood the rule.
Stipendiary Steward Mr N Ydgren stated that he had received a mobile phone call from Mr D Dunn at 8:44am this morning (2 June 2014). Mr Dunn informed Mr Ydgren that his flight leaving Christchurch at 9am and arriving in Invercargill at 10:15am would not allow him to drive in Race 1, scheduled to start at 10:50am.
Mr Dunn stated that he had driven at Invercargill this season about thirty times and he had caught the 8:40am flight, arriving in Invercargill at 10am, always in plenty of time to drive in Race 1. He had driven at Cambridge on 31 May 2014 and Ashburton 1 June 2014 and looked at his air ticket earlier in the morning, and noticed the change in the normal flight departure time from 8:40am until 9am.
Submissions for Penalty:
Mr Ydgren stated that Mr Dunn was New Zealand’s most travelled and most successful horseman this season having had 860 drives.
Mr Ydgren confirmed that Mr Dunn had one previous breach under this rule at the Banks Peninsula Meeting on 26 January 2014. The circumstances were a little different as two drives were affected and on this occasion Mr Dunn received a fine of $150.00.
Mr Ydgren stated that the JCA Penalty guide suggested a starting point for penalty of $200.00 although he believed in this instance the breach was significantly lower than in the first breach at Banks Peninsula.
Mr Dunn stated that he had simply not checked the “air ticket” and he made an error, which he took responsibility for.
Reasons for Penalty:
After having considered the evidence carefully and the submissions presented I considered a starting point as $200.00 as appropriate.
There are several mitigating factors to consider in that Mr Dunn's driving schedule has been extensive over the past three days and a genuine change to the normal schedule flight time to Invercargill changing from 8:40am to 9am on a public holiday.
Mr Dunn's early admittance of the breach, and his positive pro-active call to Mr Ydgren has also been considered in fixing penalty.
The aggravating factor is that this is Mr Dunn's second breach this season under the rule, however only one drive was affected.
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: ab2f4666f93f9cd61cb30a2e6f30e33b
informantnumber: A3861
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Broke an engagement to drive a horse
plea: admitted
penaltyrequired: 1
decisiondate: 26/05/2014
hearing_title: Invercargill HRC 2 June 2014 - R 1
charge:
facts:
An information was lodged by Stipendiary Steward Mr N Ydgren alleging that open horseman Mr D Dunn due to his travel itinerary was unable to drive Starcola in Race 1, The Russell Dixon And Steve Hawke Trot, and as a result broke his engagement to drive.
The rule reads 507(1):
No horseman shall break an engagement to drive a horse.
Mr Dunn admitted the breach and confirmed he understood the rule.
Stipendiary Steward Mr N Ydgren stated that he had received a mobile phone call from Mr D Dunn at 8:44am this morning (2 June 2014). Mr Dunn informed Mr Ydgren that his flight leaving Christchurch at 9am and arriving in Invercargill at 10:15am would not allow him to drive in Race 1, scheduled to start at 10:50am.
Mr Dunn stated that he had driven at Invercargill this season about thirty times and he had caught the 8:40am flight, arriving in Invercargill at 10am, always in plenty of time to drive in Race 1. He had driven at Cambridge on 31 May 2014 and Ashburton 1 June 2014 and looked at his air ticket earlier in the morning, and noticed the change in the normal flight departure time from 8:40am until 9am.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dunn has admitted the breach I thus find the charge proved.
sumissionsforpenalty:
Mr Ydgren stated that Mr Dunn was New Zealand’s most travelled and most successful horseman this season having had 860 drives.
Mr Ydgren confirmed that Mr Dunn had one previous breach under this rule at the Banks Peninsula Meeting on 26 January 2014. The circumstances were a little different as two drives were affected and on this occasion Mr Dunn received a fine of $150.00.
Mr Ydgren stated that the JCA Penalty guide suggested a starting point for penalty of $200.00 although he believed in this instance the breach was significantly lower than in the first breach at Banks Peninsula.
Mr Dunn stated that he had simply not checked the “air ticket” and he made an error, which he took responsibility for.
reasonsforpenalty:
After having considered the evidence carefully and the submissions presented I considered a starting point as $200.00 as appropriate.
There are several mitigating factors to consider in that Mr Dunn's driving schedule has been extensive over the past three days and a genuine change to the normal schedule flight time to Invercargill changing from 8:40am to 9am on a public holiday.
Mr Dunn's early admittance of the breach, and his positive pro-active call to Mr Ydgren has also been considered in fixing penalty.
The aggravating factor is that this is Mr Dunn's second breach this season under the rule, however only one drive was affected.
penalty:
Mr Dunn was fined the sum of $150.00 and reminded of his professional obligations under this rule.
hearing_type: Hearing
Rules: 507(1)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D Dunn - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e75789b9590f0c7be43e1678a6c69646
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3b0adf3ba4ea63c1aa348d372a42f641
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/06/2014
meet_title: Invercargill HRC - 2 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Invercargill HRC