Manukau TC 17 December 2013 – R 5
ID: JCA10612
Meet Title:
Manukau TC - 17 December 2013
Meet Chair:
BScott
Race Date:
2013/12/17
Race Number:
R5
Decision:
The breach is admitted and accordingly the charge is upheld.
Penalty:
Mr Branch is fined $300.
Facts:
Following the running of the WOODLANDS STUD TROT an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Horseman, Mr D Branch alleging that Mr Branch drove BURT MUNRO carelessly causing interference to VIKING GIRL (Driver R Downey).
This charge followed a Protest into the 2nd placing of BURT MUNRO such Protest being upheld.
Mr Branch was present and he not only advised that he admitted the charge but also that he did not require the assistance of a Senior Horseman. (Mr Branch had been assisted at the Protest Hearing by Mr McKendry ).
Mr Branch further advised that he did not require the Race films to be shown again.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines which provide for a starting point Penalty of a fine of $500.00 or Suspension of Licence for 10 Drives. This is for Careless Driving causing a Relegation. He further said that Mr Branch has had 32 drives this season and he has a good record.
Mr Muirhead asked to take several matters into consideration by way of mitigation and these are that Mr Branch is a Junior Driver , he has a good record and he has admitted the breach.
Mr Branch said he doesn't get paid for driving family horses but rather gets a percentage of any Stakes he earns. He acknowledged that it did get tight out on the track and he has admitted the breach.
Reasons for Penalty:
I have considered the submissions from both Messrs Muirhead and Branch. It is necessary to remember that the interference affected the chances of VIKING GIRL significantly and caused a relegation of Mr Branch's horse. These are aggravating factors.
I take into account the mitigating factors when assessing Penalty and these are firstly that he has admitted the breach, secondly that he is a Junior Horseman and thirdly that he has a good record.
I am going to deal with this by way of a fine which is less than that set out in the Guidelines and I believe that a fine in the order of $300 is appropriate.
JCA Decision Fields (raw)
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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: 04737ca6f9c198e2d80f7d70708d73b7
informantnumber: A3834
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(3)(b) - Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/12/2013
hearing_title: Manukau TC 17 December 2013 - R 5
charge:
facts:
Following the running of the WOODLANDS STUD TROT an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Horseman, Mr D Branch alleging that Mr Branch drove BURT MUNRO carelessly causing interference to VIKING GIRL (Driver R Downey).
This charge followed a Protest into the 2nd placing of BURT MUNRO such Protest being upheld.
Mr Branch was present and he not only advised that he admitted the charge but also that he did not require the assistance of a Senior Horseman. (Mr Branch had been assisted at the Protest Hearing by Mr McKendry ).
Mr Branch further advised that he did not require the Race films to be shown again.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is upheld.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines which provide for a starting point Penalty of a fine of $500.00 or Suspension of Licence for 10 Drives. This is for Careless Driving causing a Relegation. He further said that Mr Branch has had 32 drives this season and he has a good record.
Mr Muirhead asked to take several matters into consideration by way of mitigation and these are that Mr Branch is a Junior Driver , he has a good record and he has admitted the breach.
Mr Branch said he doesn't get paid for driving family horses but rather gets a percentage of any Stakes he earns. He acknowledged that it did get tight out on the track and he has admitted the breach.
reasonsforpenalty:
I have considered the submissions from both Messrs Muirhead and Branch. It is necessary to remember that the interference affected the chances of VIKING GIRL significantly and caused a relegation of Mr Branch's horse. These are aggravating factors.
I take into account the mitigating factors when assessing Penalty and these are firstly that he has admitted the breach, secondly that he is a Junior Horseman and thirdly that he has a good record.
I am going to deal with this by way of a fine which is less than that set out in the Guidelines and I believe that a fine in the order of $300 is appropriate.
penalty:
Mr Branch is fined $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer: Mr D Branch - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7aa6d61ab810fd2b70a37ab1d3218553
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 46a28d05871fa059a2619a550dbebb38
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/12/2013
meet_title: Manukau TC - 17 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: none
meet_pm2: none
name: Manukau TC