Archive Decision

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NZ Metro TC 20 October 2017 – R 11 – Chair, Mr S Ching

ID: JCA17496

Applicant:
N Ydgren- Chief Stipendiary Steward

Respondent(s):
R Cameron-Graduation Horseman

Information Number:
A5539

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
NZ Metro TC - 20 October 2017

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/10/20

Race Number:
R11

Decision:

As Mr Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Mr Cameron was fined the sum of $300.

Facts:

Following the running of Race 11, the Graphite Developments Ltd-Show Day Futurity Prelude Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren, against Graduation Horseman, Mr R Cameron, alleging a breach of Rule 869(3) (b) in that he drove carelessly when striking the wheel of BOUND TO IMPRESS near the 1500 metres.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-

(b) carelessly:-

Mr Cameron had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with.

Mr Ydgren gave evidence and used video coverage, to show that near the 1500m Mr Cameron driving IT’S A DEAL, was racing in third last place and in the trail of BOUND TO IMPRESS, driven by Mr J Versteeg. Mr Ydgren stated that Mr Cameron then attempted to shift outwards to improve past BOUND TO IMPRESS and in doing so made contact with the right sulky wheel of that horse. As a result, the tyre immediately deflated with that horse having to complete the race with a flat tyre. Mr Ydgren stated that Mr Cameron had just misjudged the space available to him to manoeuvre past Mr Versteeg’s horse. He submitted that the breach was mid-range.

Mr Cameron agreed with Mr Ydgren and conceded that he had misjudged the manoeuvre and just got too close to BOUND TO IMPRESS.

Submissions for Penalty:

Mr Ydgren informed the Committee that Mr Cameron has had to date 39 lifetime drives with 1 drive so far, this season. He said that Mr Cameron had admitted the breach at the first opportunity and that his penalty record was clear. He stated that Mr Cameron was a relatively inexperienced driver and would learn from this experience. Mr Ydgren said the JCA Penalty Guide provided for a $500 fine for a breach of this rule and submitted after taking into consideration all factors a $300 fine be considered as penalty.

Mr Cameron said that a fine would be preferable as penalty and submitted that a fine of $300 was fair.

Reasons for Penalty:

The JCA Penalty Guide provides for a $500 fine for a mid-range breach of this rule. We agree with Mr Ydgren’s assessment of the breach, being mid-range. We therefore adopted a starting point of $500 and determined that there were no aggravating factors to warrant an uplift in penalty but there were numerous mitigating factors to consider. In mitigation, Mr Cameron’s clear record, his frank admission of the breach and his relative inexperience were factors. For these factors we were able to afford Mr Cameron a discount which we set at $200. We therefore determined that an appropriate penalty in this case was a fine of $300.

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: ea0d647beb6bc8678f1c001dc6e4f8f8


informantnumber: A5539


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 24/10/2017


hearing_title: NZ Metro TC 20 October 2017 - R 11 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 11, the Graphite Developments Ltd-Show Day Futurity Prelude Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N Ydgren, against Graduation Horseman, Mr R Cameron, alleging a breach of Rule 869(3) (b) in that he drove carelessly when striking the wheel of BOUND TO IMPRESS near the 1500 metres.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-

(b) carelessly:-

Mr Cameron had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with.

Mr Ydgren gave evidence and used video coverage, to show that near the 1500m Mr Cameron driving IT’S A DEAL, was racing in third last place and in the trail of BOUND TO IMPRESS, driven by Mr J Versteeg. Mr Ydgren stated that Mr Cameron then attempted to shift outwards to improve past BOUND TO IMPRESS and in doing so made contact with the right sulky wheel of that horse. As a result, the tyre immediately deflated with that horse having to complete the race with a flat tyre. Mr Ydgren stated that Mr Cameron had just misjudged the space available to him to manoeuvre past Mr Versteeg’s horse. He submitted that the breach was mid-range.

Mr Cameron agreed with Mr Ydgren and conceded that he had misjudged the manoeuvre and just got too close to BOUND TO IMPRESS.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cameron 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 Mr Cameron has had to date 39 lifetime drives with 1 drive so far, this season. He said that Mr Cameron had admitted the breach at the first opportunity and that his penalty record was clear. He stated that Mr Cameron was a relatively inexperienced driver and would learn from this experience. Mr Ydgren said the JCA Penalty Guide provided for a $500 fine for a breach of this rule and submitted after taking into consideration all factors a $300 fine be considered as penalty.

Mr Cameron said that a fine would be preferable as penalty and submitted that a fine of $300 was fair.


reasonsforpenalty:

The JCA Penalty Guide provides for a $500 fine for a mid-range breach of this rule. We agree with Mr Ydgren’s assessment of the breach, being mid-range. We therefore adopted a starting point of $500 and determined that there were no aggravating factors to warrant an uplift in penalty but there were numerous mitigating factors to consider. In mitigation, Mr Cameron’s clear record, his frank admission of the breach and his relative inexperience were factors. For these factors we were able to afford Mr Cameron a discount which we set at $200. We therefore determined that an appropriate penalty in this case was a fine of $300.


penalty:

Accordingly, Mr Cameron was fined the sum of $300.


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: N Ydgren- Chief Stipendiary Steward


JockeysandTrainer: R Cameron-Graduation Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f82868a45d5dd99173cfd8df2d8909da


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ae2b84d11ee43ccd156f4cc22c441a12


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/10/2017


meet_title: NZ Metro TC - 20 October 2017


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