Invercargill HRC 23 September 2017 – R 2 – Chair, Mr V Munro
ID: JCA15789
Meet Title:
Invercargill HRC - 23 September 2017
Meet Chair:
VMUnro
Meet Committee Member 1:
GHall
Meet Committee Member 2:
MConway
Race Date:
2017/09/23
Race Number:
R 2
Decision:
As the respondent admitted the breach, it is found to be proved.
Penalty:
We suspend Mr Anderson’s licence for 2 days.
A 7 day deferment was granted at the request of Mr Anderson.
Therefore Mr Anderson’s licence is suspended at the conclusion of racing on the 29th September and up to and including the 6th of October 2017.
The two meetings where the suspensions applies are:
1st October – Banks Peninsula
6th October – Addington
Facts:
Following the running of race 2, Lincoln Farms Pace 2200m, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Ydgren, alleged that M Anderson (ARIZONA HIGHWAY) drove carelessly near the 1650 metres when allowing his horse to strike the sulky wheel of SEFTON HOOLIGAN and break.
Mr Anderson acknowledged that he understood the nature of the charge, the rule and confirmed he admitted the breach.
Rule 869(3) (b) provides: No horseman in any race shall drive: - (b) carelessly.
Using three different angles of video footage Mr Ydgren identified Mr Anderson in the trail, racing keenly behind Mr Williamson. He pulls his horse out of the trail, and then decides to go back to the trailing position. When he goes back to the trail his horse’s leg has stuck the sulky wheel in front of him. This was about the 1650 metre mark.
Mr Anderson stated that his horse was travelling keenly so he decided to pull out of the trail and vie for the lead so his horse may settle better in front. As he pulled out, Mr Williamson started urging his horse to quicken the pace so the front was not there.
Mr Anderson stated that with Mr Williamson hitting his horse, “this has made my horse even keener and more difficult to drive”. He added that after the wheel was hit, the horse went back into its correct gait. It did not finish off the race so this did not affect the punter in anyway, Mr Anderson added.
Mr Barron stated that Mr Anderson had pleaded guilty at the first opportunity, the carelessness was at the lower end of the scale and there was no flat tyre on the sulky that was hit. He tried to lead but misjudged his return to the trail by millimetres.
Submissions for Penalty:
Mr Ydgren provided Mr Anderson’s record. His last breach of this rule was in June at Forbury where a $200 fine was imposed. Since then he has had 51 drives within the 4 month period. 517 lifetime drives, 209 last season, 136 the season before and 23 so far this season indicates that Mr Anderson is a very busy Junior Horseman. Mr Ydgren agrees it is a low level breach and Mr Anderson has admitted it. The JCA Penalty Guide starting point is 3 days so a penalty of 2 days would be appropriate Mr Ydgren said.
Mr Anderson stated there were multiple variables in this matter. It was the low end of the scale, a suspension would be costly as he is the leading Junior Driver. He finished second last season and this season he wants to win the Premiership. He also has some very good drives coming up. Mr Anderson wanted to take a fine as he believed that would be more beneficial to him moving forward.
When Mr Anderson was advised of the upcoming meetings he advised if that a suspension was given he would seek a 7 day deferment.
Mr Barron stated that Mr Anderson had admitted the breach, it was on the minor side, so if the penalty fits the crime then less is more. 2 days would be too much, there should be leniency for a Junior reinsman and he also has a good record.
Reasons for Penalty:
With a starting point of a 3 day suspension for a second breach within 4 months the Committee considered the following.
We found that Mr Anderson’s record is neutral in this matter with a second breach within the 4 months period. There are no aggravating factors.
Mitigating factors are an early admission, being a junior driver and the low level of the breach. We are able to afford Mr Anderson one day deduction.
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: d1ac3a49658450633299b944f25947f2
informantnumber: A5533
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 24/09/2017
hearing_title: Invercargill HRC 23 September 2017 - R 2 - Chair, Mr V Munro
charge:
facts:
Following the running of race 2, Lincoln Farms Pace 2200m, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Ydgren, alleged that M Anderson (ARIZONA HIGHWAY) drove carelessly near the 1650 metres when allowing his horse to strike the sulky wheel of SEFTON HOOLIGAN and break.
Mr Anderson acknowledged that he understood the nature of the charge, the rule and confirmed he admitted the breach.
Rule 869(3) (b) provides: No horseman in any race shall drive: - (b) carelessly.
Using three different angles of video footage Mr Ydgren identified Mr Anderson in the trail, racing keenly behind Mr Williamson. He pulls his horse out of the trail, and then decides to go back to the trailing position. When he goes back to the trail his horse’s leg has stuck the sulky wheel in front of him. This was about the 1650 metre mark.
Mr Anderson stated that his horse was travelling keenly so he decided to pull out of the trail and vie for the lead so his horse may settle better in front. As he pulled out, Mr Williamson started urging his horse to quicken the pace so the front was not there.
Mr Anderson stated that with Mr Williamson hitting his horse, “this has made my horse even keener and more difficult to drive”. He added that after the wheel was hit, the horse went back into its correct gait. It did not finish off the race so this did not affect the punter in anyway, Mr Anderson added.
Mr Barron stated that Mr Anderson had pleaded guilty at the first opportunity, the carelessness was at the lower end of the scale and there was no flat tyre on the sulky that was hit. He tried to lead but misjudged his return to the trail by millimetres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the respondent admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Ydgren provided Mr Anderson’s record. His last breach of this rule was in June at Forbury where a $200 fine was imposed. Since then he has had 51 drives within the 4 month period. 517 lifetime drives, 209 last season, 136 the season before and 23 so far this season indicates that Mr Anderson is a very busy Junior Horseman. Mr Ydgren agrees it is a low level breach and Mr Anderson has admitted it. The JCA Penalty Guide starting point is 3 days so a penalty of 2 days would be appropriate Mr Ydgren said.
Mr Anderson stated there were multiple variables in this matter. It was the low end of the scale, a suspension would be costly as he is the leading Junior Driver. He finished second last season and this season he wants to win the Premiership. He also has some very good drives coming up. Mr Anderson wanted to take a fine as he believed that would be more beneficial to him moving forward.
When Mr Anderson was advised of the upcoming meetings he advised if that a suspension was given he would seek a 7 day deferment.
Mr Barron stated that Mr Anderson had admitted the breach, it was on the minor side, so if the penalty fits the crime then less is more. 2 days would be too much, there should be leniency for a Junior reinsman and he also has a good record.
reasonsforpenalty:
With a starting point of a 3 day suspension for a second breach within 4 months the Committee considered the following.
We found that Mr Anderson’s record is neutral in this matter with a second breach within the 4 months period. There are no aggravating factors.
Mitigating factors are an early admission, being a junior driver and the low level of the breach. We are able to afford Mr Anderson one day deduction.
penalty:
We suspend Mr Anderson’s licence for 2 days.
A 7 day deferment was granted at the request of Mr Anderson.
Therefore Mr Anderson’s licence is suspended at the conclusion of racing on the 29th September and up to and including the 6th of October 2017.
The two meetings where the suspensions applies are:
1st October – Banks Peninsula
6th October – Addington
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr M Anderson - Junior Horseman driver of ARIZONA HIGHWAY
Otherperson: Mr C Barron - Open Horseman assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: c0f3d265bc4a54653ef8b7e9645b3855
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d1d2e7ba8cb43c2238dedc11f84a892
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/09/2017
meet_title: Invercargill HRC - 23 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: VMUnro
meet_pm1: GHall
meet_pm2: MConway
name: Invercargill HRC