NZ Metro TC 2 February 2018 – R 6 – Chair, Mr D Jackson
ID: JCA13335
Meet Title:
NZ Metro TC - 2 February 2018
Meet Chair:
DJackson
Meet Committee Member 1:
HWeston
Race Date:
2018/02/02
Race Number:
R 6
Decision:
Mr Purdon 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:
Accordingly, we impose a $350 fine on Mr Purdon.
Facts:
Mr Purdon is charged with careless driving. He is alleged to have caused his horse, MAJOR TROJAN, to shift inwards and down onto JIMMY CANNON at the 1150 metre mark causing that horse to break and lose all chance. There was insufficient room for the manoeuvre.
Mr Purdon admitted the charge having had assistance prior to the hearing from Mr Heenan.
Mr Wallis replayed the relevant part of the race from all available angles. JIMMY CANNON enjoyed the trail and prior to the 1150 metre mark MAJOR TROJAN followed him before attempting to improve around him and then take up the trail (JIMMY CANNON having backed off from the leading horse SPOT ON). Mr Wallis in particular emphasized that Mr Purdon had insufficient room to attempt to move down and take the trail behind the leader SPOT ON. The lack of room, the contact and the resulting break of JIMMY CANNON was plain from the video.
Submissions for Penalty:
Mr Wallis submitted that this was low to medium level carelessness which had significant consequences for JIMMY CANNON, which broke and lost all chance.
Mr Wallis referred to the starting point of $500 fine or 10 drives provided by the Guidelines. Having regard to his clean record and his admission but noting the aggravating factor of another horse being affected Mr Wallis submitted a fine of $400 was appropriate. This amounted to an uplift of $100 for the aggravating factor and a discount of $200 for the mitigating factors identified.
Mr Purdon submitted his carelessness was low. He submitted that JIMMY CANNON was pacing roughly and was losing ground in its trailing position, which led him to attempt the manoeuvre in the first place. He conceded that he did not execute the manoeuvre as well as he intended and that he got it wrong.
Reasons for Penalty:
The committee considers this to be a clear case of careless driving. We assess Mr Purdon’s culpability as low. His drive was going well. The horse in front was tiring. By attempting to improve as he did, Mr Purdon left insufficient room for the manoeuvre and when shifting inward and down onto JIMMY CANNON caused the contact which led to that horse breaking and losing all chance.
Having regard to the JCA Sentencing Guidelines, the Committee adopts a starting point fine of $400 for the low culpability identified. There will be an uplift of $100 for the aggravating factor identified. His clean record, status as a busy junior driver, his admission and honesty in the Committee room warrant a $150 discount leaving a fine to pay of $350.00.
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: 63d01152a67032bdafac47e1a4b0c6fe
informantnumber: A10217
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 05/02/2018
hearing_title: NZ Metro TC 2 February 2018 - R 6 - Chair, Mr D Jackson
charge:
facts:
Mr Purdon is charged with careless driving. He is alleged to have caused his horse, MAJOR TROJAN, to shift inwards and down onto JIMMY CANNON at the 1150 metre mark causing that horse to break and lose all chance. There was insufficient room for the manoeuvre.
Mr Purdon admitted the charge having had assistance prior to the hearing from Mr Heenan.
Mr Wallis replayed the relevant part of the race from all available angles. JIMMY CANNON enjoyed the trail and prior to the 1150 metre mark MAJOR TROJAN followed him before attempting to improve around him and then take up the trail (JIMMY CANNON having backed off from the leading horse SPOT ON). Mr Wallis in particular emphasized that Mr Purdon had insufficient room to attempt to move down and take the trail behind the leader SPOT ON. The lack of room, the contact and the resulting break of JIMMY CANNON was plain from the video.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Purdon 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 Wallis submitted that this was low to medium level carelessness which had significant consequences for JIMMY CANNON, which broke and lost all chance.
Mr Wallis referred to the starting point of $500 fine or 10 drives provided by the Guidelines. Having regard to his clean record and his admission but noting the aggravating factor of another horse being affected Mr Wallis submitted a fine of $400 was appropriate. This amounted to an uplift of $100 for the aggravating factor and a discount of $200 for the mitigating factors identified.
Mr Purdon submitted his carelessness was low. He submitted that JIMMY CANNON was pacing roughly and was losing ground in its trailing position, which led him to attempt the manoeuvre in the first place. He conceded that he did not execute the manoeuvre as well as he intended and that he got it wrong.
reasonsforpenalty:
The committee considers this to be a clear case of careless driving. We assess Mr Purdon’s culpability as low. His drive was going well. The horse in front was tiring. By attempting to improve as he did, Mr Purdon left insufficient room for the manoeuvre and when shifting inward and down onto JIMMY CANNON caused the contact which led to that horse breaking and losing all chance.
Having regard to the JCA Sentencing Guidelines, the Committee adopts a starting point fine of $400 for the low culpability identified. There will be an uplift of $100 for the aggravating factor identified. His clean record, status as a busy junior driver, his admission and honesty in the Committee room warrant a $150 discount leaving a fine to pay of $350.00.
penalty:
Accordingly, we impose a $350 fine on Mr Purdon.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr N Purdon - Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d334b9700b1d56783321028e562df7f2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 690073524f5a6befbc101f9b481b7b31
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/02/2018
meet_title: NZ Metro TC - 2 February 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