NZ Metro TC 11 November 2016 – R 8 – Chair, Mr S Ching
ID: JCA17598
Meet Title:
NZ Metro TC - 11 November 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/11/11
Race Number:
R8
Decision:
As Miss Young had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Miss Young’s Open Horsewomans licence was suspended from the conclusion of racing on 11 November up to and including 20 November 2016. This suspension encompasses the meetings at Timaru on 19 November and Banks Peninsula 20 November 2016.
Facts:
Following the running of Race 8, the Welcome to Shepherd & Rout Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Horsewoman, Miss J Young, alleging a breach of Rule 869(3) (b) in that she drove carelessly by allowing FRANCO TEXAS to hit the sulky wheel of SHARDS HALO near the 1000m.
Miss Young had indicated on the Information that this breach of the Rules was admitted which she confirmed at the hearing. She also confirmed that she understood the Rule she was being charged with.
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 approaching the 1000m Miss Young driving FRANCO TEXAS, was the second to last horse in the 2-wide line trailing SHARDS HALO, driven by Mr S McNally. Mr Ydgren stated that Miss Young improved outwards to the 3-wide line outside SHARDS HALO, and in doing so her horse struck the outside sulky wheel of SHARDS HALO. He said that shortly afterwards Mr McNally looks down at the sulky wheel which had been punctured which went down immediately with the horse having to race for the remainder of the event with a flat tyre. Mr Ydgren stated that Miss Young had just misjudged the manoeuvre.
Miss Young stated that it was obvious that her horse had struck the sulky wheel of SHARDS HALO. She said she heard the strike on the wheel so it must have been reasonable contact with the wheel. Miss Young said that her horse was pulling at the time but that was no excuse for not allowing enough room to clear SHARDS HALO.
Submissions for Penalty:
Mr Ydgren informed the Committee that Miss Young had driven on 32 occasions so far this season with 257 drives last season. He said that Miss Young’s record over the previous 12 months showed a breach of this rule on 31 October at Kaikoura where she received a $300 fine. Mr Ydgren stated that the JCA Penalty Guide showed a starting point of a 3-day suspension for a second breach of this rule within 4 months.
Mr Ydgren submitted that having consideration to Miss Young’s admission of the breach that a 2-day suspension be considered as penalty in this case.
Miss Young made no submissions in regard to penalty apart from stating that a 2 day suspension was fair.
The matter of deferment was discussed but not relevant as there were no meetings within the next 7 days that were affected.
Reasons for Penalty:
In determining penalty, the Committee considered Miss Young’s ready admission of the breach as a mitigating factor. The JCA Penalty Guide suggests a starting point of a 3-day suspension for a second breach of this rule with 4 months. In adopting the starting point of a 3-day suspension we determined that we were able to afford Miss Young a discount of 1 day for her admission of the breach and therefore determined that a 2-day suspension 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: f6e50844e59b35486925275aa72df922
informantnumber: A8049
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2016
hearing_title: NZ Metro TC 11 November 2016 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Welcome to Shepherd & Rout Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Horsewoman, Miss J Young, alleging a breach of Rule 869(3) (b) in that she drove carelessly by allowing FRANCO TEXAS to hit the sulky wheel of SHARDS HALO near the 1000m.
Miss Young had indicated on the Information that this breach of the Rules was admitted which she confirmed at the hearing. She also confirmed that she understood the Rule she was being charged with.
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 approaching the 1000m Miss Young driving FRANCO TEXAS, was the second to last horse in the 2-wide line trailing SHARDS HALO, driven by Mr S McNally. Mr Ydgren stated that Miss Young improved outwards to the 3-wide line outside SHARDS HALO, and in doing so her horse struck the outside sulky wheel of SHARDS HALO. He said that shortly afterwards Mr McNally looks down at the sulky wheel which had been punctured which went down immediately with the horse having to race for the remainder of the event with a flat tyre. Mr Ydgren stated that Miss Young had just misjudged the manoeuvre.
Miss Young stated that it was obvious that her horse had struck the sulky wheel of SHARDS HALO. She said she heard the strike on the wheel so it must have been reasonable contact with the wheel. Miss Young said that her horse was pulling at the time but that was no excuse for not allowing enough room to clear SHARDS HALO.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Young 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 Miss Young had driven on 32 occasions so far this season with 257 drives last season. He said that Miss Young’s record over the previous 12 months showed a breach of this rule on 31 October at Kaikoura where she received a $300 fine. Mr Ydgren stated that the JCA Penalty Guide showed a starting point of a 3-day suspension for a second breach of this rule within 4 months.
Mr Ydgren submitted that having consideration to Miss Young’s admission of the breach that a 2-day suspension be considered as penalty in this case.
Miss Young made no submissions in regard to penalty apart from stating that a 2 day suspension was fair.
The matter of deferment was discussed but not relevant as there were no meetings within the next 7 days that were affected.
reasonsforpenalty:
In determining penalty, the Committee considered Miss Young’s ready admission of the breach as a mitigating factor. The JCA Penalty Guide suggests a starting point of a 3-day suspension for a second breach of this rule with 4 months. In adopting the starting point of a 3-day suspension we determined that we were able to afford Miss Young a discount of 1 day for her admission of the breach and therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Miss Young’s Open Horsewomans licence was suspended from the conclusion of racing on 11 November up to and including 20 November 2016. This suspension encompasses the meetings at Timaru on 19 November and Banks Peninsula 20 November 2016.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: J Young - Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8732164a99065ac81e29ecdbdbdd4d31
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ef1b3fb90ec1eb98b54be11044546515
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2016
meet_title: NZ Metro TC - 11 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC