Archive Decision

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Rangiora HRC 17 September 2015 – R 1 – Mr KG Hales, Chair

ID: JCA14451

Applicant:
Mr S Renault-Stipendiary Steward

Respondent(s):
A Edge- Advanced Amateur Horseman

Information Number:
A7708

Hearing Type:
Hearing

New Charge:
Breach of the Push-out Rule

Rules:
Rule 869(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress;, (6) Subject to sub-rule (4) hereof:-, (b) a horse making a forward movement during any race shall not be forced to race wider on the track;, (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line or past the sulky wheel and until the wider runner going forward is fully past.

Plea:
admitted

Meet Title:
Rangiora HRC - 17 September 2015

Meet Chair:
KHales

Meet Committee Member 1:
GClapp

Race Date:
2015/09/17

Race Number:
R1

Decision:

As Mr Edge has admitted the breach, it is thereby deemed to be proved.

Penalty:

Mr Edge is fined $250.00.

Facts:

Following the running of the Bishopdale/Bush Inn TAB's & Tavern Harewood Mobile Pace, an information was lodged by the Stipendiary Stewards alleging a breach of the "Push-out" rule. The information alleged the "Smokin Chick" (J McDermott) was forced to race wider on the track when "Scanreco Bay"(A Edge) shifted ground outwards near the 2300 metres.

Mr Edge endorsed the information admitting his breach of the rule, and Mr Renault advised the hearing that Mr Edge did not wish to be present at the hearing.

The fact situation was quite simple. "Scanreco Bay" was racing in the trail behind the leading horse as the field came to the turn out of the straight. Mr McDermott driving "Smokin Chick", which was racing behind "Scanreco Bay" and began a forward movement. When "Smokin Chick" was alongside, Mr Edge decided to move out, with the consequence being that "Smokin Chick" was forced out three wide (or more) on the track. The breach of the rule was clear.

Submissions for Penalty:

Mr Renault advised the hearing that Mr Edge had breached this rule at Oamaru on 17th May 2015 and on that occasion, he was fined $200.00. In this case, he submitted that a fine of $250.00 should be imposed.

Reasons for Penalty:

The starting point in the Judicial Control Authority's Penalty Guide for a breach of the "Push-Out Rule" is a fine of $250.00 or a suspension of 5 drives.  Mr Edge has a recent previous breach of this rule and was fined $200.00 on that occasion. It is appropriate that there should be an uplift of $100.00 on the previous penalty.

There are no other aggravating features.

By way of mitigation, Mr Edge has admitted his breach at an early stage and there were no consequences in the end result. His horse finished 6th whilst "Smokin Chick" finished 3rd. Thus a discount of $50.00 is allowed on our starting point.

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: 856eb75db9cb4d08a1a675abbd7a5c84


informantnumber: A7708


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of the Push-out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 21/09/2015


hearing_title: Rangiora HRC 17 September 2015 - R 1 - Mr KG Hales, Chair


charge:


facts:

Following the running of the Bishopdale/Bush Inn TAB's & Tavern Harewood Mobile Pace, an information was lodged by the Stipendiary Stewards alleging a breach of the "Push-out" rule. The information alleged the "Smokin Chick" (J McDermott) was forced to race wider on the track when "Scanreco Bay"(A Edge) shifted ground outwards near the 2300 metres.

Mr Edge endorsed the information admitting his breach of the rule, and Mr Renault advised the hearing that Mr Edge did not wish to be present at the hearing.

The fact situation was quite simple. "Scanreco Bay" was racing in the trail behind the leading horse as the field came to the turn out of the straight. Mr McDermott driving "Smokin Chick", which was racing behind "Scanreco Bay" and began a forward movement. When "Smokin Chick" was alongside, Mr Edge decided to move out, with the consequence being that "Smokin Chick" was forced out three wide (or more) on the track. The breach of the rule was clear.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Edge has admitted the breach, it is thereby deemed to be proved.


sumissionsforpenalty:

Mr Renault advised the hearing that Mr Edge had breached this rule at Oamaru on 17th May 2015 and on that occasion, he was fined $200.00. In this case, he submitted that a fine of $250.00 should be imposed.


reasonsforpenalty:

The starting point in the Judicial Control Authority's Penalty Guide for a breach of the "Push-Out Rule" is a fine of $250.00 or a suspension of 5 drives.  Mr Edge has a recent previous breach of this rule and was fined $200.00 on that occasion. It is appropriate that there should be an uplift of $100.00 on the previous penalty.

There are no other aggravating features.

By way of mitigation, Mr Edge has admitted his breach at an early stage and there were no consequences in the end result. His horse finished 6th whilst "Smokin Chick" finished 3rd. Thus a discount of $50.00 is allowed on our starting point.


penalty:

Mr Edge is fined $250.00.


hearing_type: Hearing


Rules: Rule 869(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress;, (6) Subject to sub-rule (4) hereof:-, (b) a horse making a forward movement during any race shall not be forced to race wider on the track;, (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line or past the sulky wheel and until the wider runner going forward is fully past.


Informant: Mr S Renault-Stipendiary Steward


JockeysandTrainer: A Edge- Advanced Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ee286f3cb1b7814eb1f069d5998b9869


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


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race_pm1:


race_pm2:


meetid: cdf9aba4d9a204b27120ff398bc6a6be


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


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meetdate: 17/09/2015


meet_title: Rangiora HRC - 17 September 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: GClapp


meet_pm2: none


name: Rangiora HRC