NZ Metro TC 29 November 2013 – R 8
ID: JCA13423
Meet Title:
NZ Metro TC - 29 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/11/29
Race Number:
R8
Decision:
Mr Smith having admitted the charge, the charge was found proved.
Penalty:
Mr Smith was fined the sum of $300.
Facts:
Following the running of Race 8, Fahey Fence Hire Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr G D Smith, alleging that Mr Smith, as the diver of REDMARO in the race, “drove carelessly when shifting inwards when not in a position to do so causing interference to McARDLES SMOOTH (T S Chmiel) which broke passing the 600 metres”.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Smith did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault alleged that Mr Smith had driven carelessly as set out in the information.
The Committee did not require any formal proof in support of the allegation, as detailed evidence had been adduced by Mr Renault in the earlier protest hearing. That evidence is set out in the Committee's decision relating to the protest.
Submissions for Penalty:
Mr Smith has a clear record under the Rule, Mr Renault said. He has had 72 drives this season and, in the 2012/2013 season, had 409 drives. The breach was in the mid-high range, Mr Renault submitted. It resulted in the relegation of his own horse and the chances of McARDLES SMOOTH were affected.
Mr Renault referred to the starting point of a fine of $500 for careless driving causing a relegation. He submitted that the Committee should take into account Mr Smith’s admission of the breach and his very good record.
Reasons for Penalty:
In arriving at penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. Mr Smith is entitled to a discount from that figure for his admission of the breach and his record, which Mr Renault described as “very good”. An appropriate discount is $200, in the Committee’s view.
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: 34fda71ea81a8a9ffe2848a16f4f4b3e
informantnumber: A1764
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving.
plea: admitted
penaltyrequired: 1
decisiondate: 30/11/2013
hearing_title: NZ Metro TC 29 November 2013 - R 8
charge:
facts:
Following the running of Race 8, Fahey Fence Hire Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr G D Smith, alleging that Mr Smith, as the diver of REDMARO in the race, “drove carelessly when shifting inwards when not in a position to do so causing interference to McARDLES SMOOTH (T S Chmiel) which broke passing the 600 metres”.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Smith did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault alleged that Mr Smith had driven carelessly as set out in the information.
The Committee did not require any formal proof in support of the allegation, as detailed evidence had been adduced by Mr Renault in the earlier protest hearing. That evidence is set out in the Committee's decision relating to the protest.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Smith having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Smith has a clear record under the Rule, Mr Renault said. He has had 72 drives this season and, in the 2012/2013 season, had 409 drives. The breach was in the mid-high range, Mr Renault submitted. It resulted in the relegation of his own horse and the chances of McARDLES SMOOTH were affected.
Mr Renault referred to the starting point of a fine of $500 for careless driving causing a relegation. He submitted that the Committee should take into account Mr Smith’s admission of the breach and his very good record.
reasonsforpenalty:
In arriving at penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. Mr Smith is entitled to a discount from that figure for his admission of the breach and his record, which Mr Renault described as “very good”. An appropriate discount is $200, in the Committee’s view.
penalty:
Mr Smith was fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: G D Smith, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f95ed929fb698240fa1a89ab56c7a720
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: cd03fbe995fc55abb2a08cc009e73353
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/11/2013
meet_title: NZ Metro TC - 29 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC