NZ Metro TC 16 March 2018 – R 5 – Chair, Mr D Jackson
ID: JCA11681
Meet Title:
NZ Metro TC - 16 March 2018
Meet Chair:
DJackson
Meet Committee Member 1:
HWeston
Race Date:
2018/03/16
Race Number:
R 5
Decision:
Ms Lethaby admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
Penalty:
Ms Lethaby will be suspended for four days. She will be able to drive this Sunday at the Banks Peninsula Trotting Club meeting at Motukarara, but will otherwise be suspended from 19 March 2018 until 26 March 2018 inclusive.
Facts:
Ms Lethaby is charged with careless driving. She is alleged to have caused her horse, Justamollyarcher, near the 1600 metres mark, to move inwards and take up a position before striking Tehoro Dazzle, causing that horse to break, losing all chance in the race.
Ms Lethaby admitted the breach.
Mr Ydgren replayed the incident using the video footage.
Submissions for Penalty:
Mr Ydgren submitted that the culpability for the careless driving here was that of [loads and midrange]. However, he pointed to the mid to high-level consequences, which in his submission warranted an uplift from the usual starting point under the penalty guidelines of a 10 drive suspension or a $500 fine. Mr Ydgren submitted that the starting point of $500 should be uplifted to a fine of $650 - $700 and that the end point allowing for admission and good record ought to be a fine of approximately $500 - $600. Mr Ydgren confirmed to the committee that Ms Lethaby had indicated a preference for a suspension and on his analysis submitted that, working to approximately two drives per meeting, Ms Lethaby be suspended for five meetings or 10 drives.
Ms Lethaby accepted Mr Ydgren’s submissions and expressed her agreement to being suspended provided she would be free to drive on 31 March at the New Zealand Metropolitan Trotting Club’s Easter Meeting at Addington Raceway.
There then followed a discussion as to the next race meetings in the South Island region and the extent to which the committee could be satisfied that Ms Lethaby was a likely attendee at those meetings as a driver.
Reasons for Penalty:
The committee considers this to be a clear case of careless driving. It is low to medium level carelessness, but with significant consequences for the horse affected namely Tehoro Dazzle.
In fixing this suspension the committee has determined that because of the low level carelessness, the starting point will be reduced to $400, there will be an uplift of $150 for the aggravating factor identified, bringing the fine to $550, which will then be discounted by $150 for her admission and good record meaning an end point fine of $400 which is commuted to a four meeting suspension as outlined below.
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: 287b2a1a44f9721057c1f2db6cdbdb74
informantnumber: A10221
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 21/03/2018
hearing_title: NZ Metro TC 16 March 2018 - R 5 - Chair, Mr D Jackson
charge:
facts:
Ms Lethaby is charged with careless driving. She is alleged to have caused her horse, Justamollyarcher, near the 1600 metres mark, to move inwards and take up a position before striking Tehoro Dazzle, causing that horse to break, losing all chance in the race.
Ms Lethaby admitted the breach.
Mr Ydgren replayed the incident using the video footage.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Lethaby admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
sumissionsforpenalty:
Mr Ydgren submitted that the culpability for the careless driving here was that of [loads and midrange]. However, he pointed to the mid to high-level consequences, which in his submission warranted an uplift from the usual starting point under the penalty guidelines of a 10 drive suspension or a $500 fine. Mr Ydgren submitted that the starting point of $500 should be uplifted to a fine of $650 - $700 and that the end point allowing for admission and good record ought to be a fine of approximately $500 - $600. Mr Ydgren confirmed to the committee that Ms Lethaby had indicated a preference for a suspension and on his analysis submitted that, working to approximately two drives per meeting, Ms Lethaby be suspended for five meetings or 10 drives.
Ms Lethaby accepted Mr Ydgren’s submissions and expressed her agreement to being suspended provided she would be free to drive on 31 March at the New Zealand Metropolitan Trotting Club’s Easter Meeting at Addington Raceway.
There then followed a discussion as to the next race meetings in the South Island region and the extent to which the committee could be satisfied that Ms Lethaby was a likely attendee at those meetings as a driver.
reasonsforpenalty:
The committee considers this to be a clear case of careless driving. It is low to medium level carelessness, but with significant consequences for the horse affected namely Tehoro Dazzle.
In fixing this suspension the committee has determined that because of the low level carelessness, the starting point will be reduced to $400, there will be an uplift of $150 for the aggravating factor identified, bringing the fine to $550, which will then be discounted by $150 for her admission and good record meaning an end point fine of $400 which is commuted to a four meeting suspension as outlined below.
penalty:
Ms Lethaby will be suspended for four days. She will be able to drive this Sunday at the Banks Peninsula Trotting Club meeting at Motukarara, but will otherwise be suspended from 19 March 2018 until 26 March 2018 inclusive.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Ms A Lethaby - Driver of JUSTAMOLLYARCHER
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0f210b99c50426f4adaf744e85d913da
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6c1d3b14313d6feefe58457a8d1495c9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2018
meet_title: NZ Metro TC - 16 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC