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Rangiora HRC 26 April 2015 – R 8

ID: JCA16876

Applicant:
Mr S P Renault - Stipendiary Steward

Respondent(s):
B N Orange, Licensed Open Horseman

Other Person:
Mr N G McIntyre - Co-Chief Stipendiary Steward

Information Number:
A4439

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Rangiora HRC - 26 April 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2015/04/26

Race Number:
R8

Decision:

Mr Orange having admitted the breach, the charge was found proved. 

Penalty:

Mr Orange was fined the sum of $300.

Facts:

Following the running of Race 8, “Kotare Downs” Rangiora Three-Year-Old Stakes, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr B N Orange, alleging that, as the driver of BRACKEN RIDGE in the race, he “drove carelessly when allowing BRACKEN RIDGE to shift inwards and check LIGHTFINGERED which broke resulting in checks to JUST BEN and CHANGEOVER A FLYIN near the 1100 metres”.

Mr Orange was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:

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

Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, point out the runners on video replays of the incident, just past the winning post with approximately 1100 metres to run.

He pointed out Mr Orange, driving BRACKEN RIDGE, improving 3-wide around LIGHTFINGERED (M Elliot) which was racing in the parked position. As Mr Orange crossed, it was apparent that there was contact with the outside leg of LIGHTFINGERED, which galloped and checked JUST BEN (M J Williamson) and CHANGEOVER A FLYIN (M P Edmonds), Mr McIntyre said. It was a simple case of Mr Orange attempting to go to the lead and not giving himself enough room and misjudging the situation. Mr Orange was “all but clear” but had just “shaved” LIGHTFINGERED, resulting in that runner galloping, Mr McIntyre submitted. LIGHTFINGERED and JUST BEN lost all chance in the race, he said.

Mr Orange said that he put the incident down to his “being lazy”. It was something that should not happen, he said. It was an error of judgement of “an inch or half an inch” on his part, but it should not have happened. It was disappointing for him, Mr Orange said.

Submissions for Penalty:

Mr Renault said that Mr Orange is a very busy driver. He has had 539 drives this season and has a clear record under the Rule – an “excellent record”, Mr Renault submitted.

Mr Renault said that two other horses had lost their chances and another was inconvenienced.

Stewards were of the view that, having regard to that fact and to Mr Orange’s admission of the breach and excellent record, a fine of $300 was an appropriate penalty.

Mr Orange did not wish to make any submissions regarding penalty. 

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point provided in the Penalty Guide of a $400 fine, a fine being the appropriate penalty in this case.

An aggravating factor is the fact that three other runners were affected to varying degrees. This factor warrants an uplift of $100 from that starting point to $500.

Mitigating factors that the Committee took into account were Mr Orange’s admission of the breach and his driving record which, the Committee agreed, was excellent. Those mitigating factors warranted a discount of $200 from the point reached. The Committee thus arrived at 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: ad00694d875562e386260f1abd473c98


informantnumber: A4439


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 18/04/2015


hearing_title: Rangiora HRC 26 April 2015 - R 8


charge:


facts:

Following the running of Race 8, “Kotare Downs” Rangiora Three-Year-Old Stakes, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr B N Orange, alleging that, as the driver of BRACKEN RIDGE in the race, he “drove carelessly when allowing BRACKEN RIDGE to shift inwards and check LIGHTFINGERED which broke resulting in checks to JUST BEN and CHANGEOVER A FLYIN near the 1100 metres”.

Mr Orange was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:

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

Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, point out the runners on video replays of the incident, just past the winning post with approximately 1100 metres to run.

He pointed out Mr Orange, driving BRACKEN RIDGE, improving 3-wide around LIGHTFINGERED (M Elliot) which was racing in the parked position. As Mr Orange crossed, it was apparent that there was contact with the outside leg of LIGHTFINGERED, which galloped and checked JUST BEN (M J Williamson) and CHANGEOVER A FLYIN (M P Edmonds), Mr McIntyre said. It was a simple case of Mr Orange attempting to go to the lead and not giving himself enough room and misjudging the situation. Mr Orange was “all but clear” but had just “shaved” LIGHTFINGERED, resulting in that runner galloping, Mr McIntyre submitted. LIGHTFINGERED and JUST BEN lost all chance in the race, he said.

Mr Orange said that he put the incident down to his “being lazy”. It was something that should not happen, he said. It was an error of judgement of “an inch or half an inch” on his part, but it should not have happened. It was disappointing for him, Mr Orange said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Orange having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Renault said that Mr Orange is a very busy driver. He has had 539 drives this season and has a clear record under the Rule – an “excellent record”, Mr Renault submitted.

Mr Renault said that two other horses had lost their chances and another was inconvenienced.

Stewards were of the view that, having regard to that fact and to Mr Orange’s admission of the breach and excellent record, a fine of $300 was an appropriate penalty.

Mr Orange did not wish to make any submissions regarding penalty. 


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point provided in the Penalty Guide of a $400 fine, a fine being the appropriate penalty in this case.

An aggravating factor is the fact that three other runners were affected to varying degrees. This factor warrants an uplift of $100 from that starting point to $500.

Mitigating factors that the Committee took into account were Mr Orange’s admission of the breach and his driving record which, the Committee agreed, was excellent. Those mitigating factors warranted a discount of $200 from the point reached. The Committee thus arrived at a fine of $300. 


penalty:

Mr Orange was fined the sum of $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S P Renault - Stipendiary Steward


JockeysandTrainer: B N Orange, Licensed Open Horseman


Otherperson: Mr N G McIntyre - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2813a76d65718a80136e814ceaa6d586


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: bb739e9cbffa1e0bc0f205507f73cbb9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/04/2015


meet_title: Rangiora HRC - 26 April 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Rangiora HRC