Rangiora HRC 19 April 2015 – R 10
ID: JCA11665
Meet Title:
Rangiora HRC - 19 April 2015
Meet Chair:
KHales
Meet Committee Member 1:
GClapp
Race Date:
2015/04/19
Race Number:
R10
Decision:
As Mr Schwamm has admitted the charge it is therefore deemed to be proved.
Penalty:
Mr Schwamm is fined $300.
Facts:
During the later stages of the RD 1 Handicap Trot, Mr I Schwamm driving "Saltwater Gold" was near the rear of the field, racing in a two wide position. Mr G O'Reilly, driving "Willie Shine", the race favourite, having started from the 10 metre mark was behind "Saltwater Gold". As the field approached the bend before the home straight, Mr O'Reilly elected to move forward on the inside of "Saltwater Gold". There was ample room for him to do so. However, "Saltwater Gold" began to move down on to "Willie Shine", forcing it over at least two marker pegs. The downwards pressure continued and as a result, "Willie Shine" came into contact with the sulky of "Saltwater Gold", and broke from its gait, losing all chances in the race.
Mr Schwamm endorsed the information admitting the breach of the rule. Mr Ydgren advised the hearing that Mr Schwamm did not wish to be present for the hearing of the information.
Submissions for Penalty:
Mr Ydgren observed that it was incumbent on Mr Schwamm to maintain his two wide line, and that he should not have moved down until it was clear for him to do so. He said that Mr Schwamm is not a regular driver having had only 7 drives this season. In the last season he drove on 8 occasions only. He said that Mr Schwamm has a clear record, that is to say, that he has not appeared before a Judicial Committee for any kind of infringement during the last 12 months.
Having regard to the Judicial Authority's Penalty Guide, he submitted that a fine in the region of $250 - $300 should be imposed.
Reasons for Penalty:
Having given careful consideration to the video coverage we consider that the degree of seriousness was above mid-range. Mr Schwamm was racing in a two wide position and must have known that there was a likelihood of horses being behind him. Regardless of that, he allowed his horse to move down the track when "Willie Shine" was making a permissible move to his inside.
The Judicial Control Authority's Penalty Guide provides a starting point for the imposition of penalty, a fine of $400 or an 8 drive suspension. In our opinion, a fine is the appropriate penalty.
We have considered the aggravating and mitigating factors. "Willie Shine" was the race favourite. This incident meant that it lost all chances of finishing in a stakes or dividend bearing position. Of greater importance we have found that the degree of carelessness was above mid-range. These aggravating features warrant an uplift in our starting point of $100, taking the penalty to $500.
The mitigating factors are that Mr Schwamm has a "clean" record, he admitted the breach at an early opportunity and he is not a "busy driver". As a consequence we allow Mr Schwamm a discount on our starting point of $200.
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: 2e8b92f62a07c57028713bbf14b1ca97
informantnumber: A1463
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2015
hearing_title: Rangiora HRC 19 April 2015 - R 10
charge:
facts:
During the later stages of the RD 1 Handicap Trot, Mr I Schwamm driving "Saltwater Gold" was near the rear of the field, racing in a two wide position. Mr G O'Reilly, driving "Willie Shine", the race favourite, having started from the 10 metre mark was behind "Saltwater Gold". As the field approached the bend before the home straight, Mr O'Reilly elected to move forward on the inside of "Saltwater Gold". There was ample room for him to do so. However, "Saltwater Gold" began to move down on to "Willie Shine", forcing it over at least two marker pegs. The downwards pressure continued and as a result, "Willie Shine" came into contact with the sulky of "Saltwater Gold", and broke from its gait, losing all chances in the race.
Mr Schwamm endorsed the information admitting the breach of the rule. Mr Ydgren advised the hearing that Mr Schwamm did not wish to be present for the hearing of the information.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Schwamm has admitted the charge it is therefore deemed to be proved.
sumissionsforpenalty:
Mr Ydgren observed that it was incumbent on Mr Schwamm to maintain his two wide line, and that he should not have moved down until it was clear for him to do so. He said that Mr Schwamm is not a regular driver having had only 7 drives this season. In the last season he drove on 8 occasions only. He said that Mr Schwamm has a clear record, that is to say, that he has not appeared before a Judicial Committee for any kind of infringement during the last 12 months.
Having regard to the Judicial Authority's Penalty Guide, he submitted that a fine in the region of $250 - $300 should be imposed.
reasonsforpenalty:
Having given careful consideration to the video coverage we consider that the degree of seriousness was above mid-range. Mr Schwamm was racing in a two wide position and must have known that there was a likelihood of horses being behind him. Regardless of that, he allowed his horse to move down the track when "Willie Shine" was making a permissible move to his inside.
The Judicial Control Authority's Penalty Guide provides a starting point for the imposition of penalty, a fine of $400 or an 8 drive suspension. In our opinion, a fine is the appropriate penalty.
We have considered the aggravating and mitigating factors. "Willie Shine" was the race favourite. This incident meant that it lost all chances of finishing in a stakes or dividend bearing position. Of greater importance we have found that the degree of carelessness was above mid-range. These aggravating features warrant an uplift in our starting point of $100, taking the penalty to $500.
The mitigating factors are that Mr Schwamm has a "clean" record, he admitted the breach at an early opportunity and he is not a "busy driver". As a consequence we allow Mr Schwamm a discount on our starting point of $200.
penalty:
Mr Schwamm is fined $300.
hearing_type: Hearing
Rules: Rule 869(3) No Horseman in any race shall drive:-, (b) carelessly
Informant: Mr N Ydgren - Stipendiary Steward.
JockeysandTrainer: I Schwamm - Licensed Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 29ea03af46f57e656e1a48603318f833
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 45622c788fbd46a895c6a13bde16dee6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/04/2015
meet_title: Rangiora HRC - 19 April 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