Archive Decision

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Rangiora HRC 22 December 2019 – R 1 – Chair, Ms O Jarvis

ID: JCA16842

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr L Dobbs - Open Horseman

Information Number:
A11238

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Rangiora HRC - 22 December 2019

Meet Chair:
OJarvis

Meet Committee Member 1:
SChing

Race Date:
2019/12/22

Race Number:
R 1

Decision:

As the breach was admitted the Committee found the charge proved.

Penalty:

Accordingly, Mr Dobbs Horseman’s licence is suspended from the conclusion of racing on 24 December up to and including 15 January 2020.

Facts:

Following the running of Race 1, the Tripro Project Management Trot, an Information was filed by Stipendiary Steward, Mrs Tibbs against Horseman Mr Dobbs, alleging a breach of Rule 869(3)(b) in that he drove carelessly by failing to demonstrate the required amount of care and attention leaving the final bend causing his horse to contact the sulky of the galloping MONO GAMBLE.

Mr Dobbs had indicated on the Information that this breach of the Rules was admitted.

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

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

Mrs Tibbs used the video footage to show the incident. Mrs Tibbs indicated that MONO GAMBLE was in the lead approaching the final bend and MONO GAMBLE then broke on the bend. Mrs Tibbs then pointed to KEN’S DREAM, driven by Mr Dobbs, who was trailing some distance behind MONO GAMBLE. Mrs Tibbs outlined that Mr Dobbs had some 70metres, once MONO GAMBLE broke, to take evasive action and move out of the way of the breaking horse.

Mrs Tibbs outlined that Mr Dobbs failed to take action and move KEN’s DREAM free of the path of the breaking horse, causing his horse to run up the back of MONO GAMBLE. This extinguished the chances of KEN’S DREAM.

Mr Dobbs made no comment.

Submissions for Penalty:

Mrs Tibbs informed the Committee that Mr Dobbs has had 16 drives this season and has a clear record in relation to this Rule.

Mrs Tibbs stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mrs Tibbs outlined that this breach was in the high-range, given the time Mr Dobbs had to take evasive action and failed to do so, coupled with the fact that his horse’s chances were extinguished.

Mrs Tibbs advised the Committee, and it was confirmed by Mr Dobbs, that Mr Dobbs had asked for a suspension as penalty in this case and also requested a deferment.

Mrs Tibbs said that Mr Dobbs normally has 1 to 2 drives per meeting and submitted a penalty of a 4-day suspension was appropriate.

Mr Dobbs confirmed that he woould prefer a suspension rather than a fine.

Reasons for Penalty:

In determining penalty, the Committee considered Mr Dobbs admission of the breach and his previous good record.

After considering the submissions made and watching the video replays, the Committee agreed that the level of carelessness was correctly categorised as in the high-range.

The Penalty Guide suggests a starting point of a 10-drive suspension for a breach of this Rule. We determined that Mr Dobbs drives approximately 1 to 2 drives per meeting, therefore, we considered a starting point of 5 days to be appropriate.

The Committee determined that an uplift of 2 drives was required given that this breach is categorised in the high range of carelessness. That would equate to a one-day uplift, reaching an overall starting point of 6 days suspension.

The Committee were, however, able to afford Mr Dobbs a discount of 2 days for his admission of the breach and for his previous good record. Therefore, the Committee was satisfied that a 4-day suspension was a meaningful term of suspension in this case.

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: a916dd3416c4f57fbef006f9bbdcf148


informantnumber: A11238


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/12/2019


hearing_title: Rangiora HRC 22 December 2019 - R 1 - Chair, Ms O Jarvis


charge:


facts:

Following the running of Race 1, the Tripro Project Management Trot, an Information was filed by Stipendiary Steward, Mrs Tibbs against Horseman Mr Dobbs, alleging a breach of Rule 869(3)(b) in that he drove carelessly by failing to demonstrate the required amount of care and attention leaving the final bend causing his horse to contact the sulky of the galloping MONO GAMBLE.

Mr Dobbs had indicated on the Information that this breach of the Rules was admitted.

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

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

Mrs Tibbs used the video footage to show the incident. Mrs Tibbs indicated that MONO GAMBLE was in the lead approaching the final bend and MONO GAMBLE then broke on the bend. Mrs Tibbs then pointed to KEN’S DREAM, driven by Mr Dobbs, who was trailing some distance behind MONO GAMBLE. Mrs Tibbs outlined that Mr Dobbs had some 70metres, once MONO GAMBLE broke, to take evasive action and move out of the way of the breaking horse.

Mrs Tibbs outlined that Mr Dobbs failed to take action and move KEN’s DREAM free of the path of the breaking horse, causing his horse to run up the back of MONO GAMBLE. This extinguished the chances of KEN’S DREAM.

Mr Dobbs made no comment.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted the Committee found the charge proved.


sumissionsforpenalty:

Mrs Tibbs informed the Committee that Mr Dobbs has had 16 drives this season and has a clear record in relation to this Rule.

Mrs Tibbs stated that the JCA Penalty Guide suggested a starting point of 10 drives or a fine of $500 for a breach of this Rule. Mrs Tibbs outlined that this breach was in the high-range, given the time Mr Dobbs had to take evasive action and failed to do so, coupled with the fact that his horse’s chances were extinguished.

Mrs Tibbs advised the Committee, and it was confirmed by Mr Dobbs, that Mr Dobbs had asked for a suspension as penalty in this case and also requested a deferment.

Mrs Tibbs said that Mr Dobbs normally has 1 to 2 drives per meeting and submitted a penalty of a 4-day suspension was appropriate.

Mr Dobbs confirmed that he woould prefer a suspension rather than a fine.


reasonsforpenalty:

In determining penalty, the Committee considered Mr Dobbs admission of the breach and his previous good record.

After considering the submissions made and watching the video replays, the Committee agreed that the level of carelessness was correctly categorised as in the high-range.

The Penalty Guide suggests a starting point of a 10-drive suspension for a breach of this Rule. We determined that Mr Dobbs drives approximately 1 to 2 drives per meeting, therefore, we considered a starting point of 5 days to be appropriate.

The Committee determined that an uplift of 2 drives was required given that this breach is categorised in the high range of carelessness. That would equate to a one-day uplift, reaching an overall starting point of 6 days suspension.

The Committee were, however, able to afford Mr Dobbs a discount of 2 days for his admission of the breach and for his previous good record. Therefore, the Committee was satisfied that a 4-day suspension was a meaningful term of suspension in this case.


penalty:

Accordingly, Mr Dobbs Horseman’s licence is suspended from the conclusion of racing on 24 December up to and including 15 January 2020.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr L Dobbs - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4f195695498d79227d7266a4af26972f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 776978edd053c6a7967e469ebaa9de6d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/12/2019


meet_title: Rangiora HRC - 22 December 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: OJarvis


meet_pm1: SChing


meet_pm2: none


name: Rangiora HRC