Archive Decision

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Rangiora HRC 29 May 2016 – R 3 – Chair, Mr S Ching

ID: JCA12035

Applicant:
R Quirk-Stipendiary Steward

Respondent(s):
S Wigg-Advanced Amateur Horsewoman

Information Number:
A4325

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
Rangiora HRC - 29 May 2016

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2016/05/29

Race Number:
R3

Decision:

As Miss Wigg had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Miss Wigg was fined the sum of $300.

Facts:

Following the running of Race 3, the Bishopdale-Bush Inn TAB’S NZ Amateur Drivers Champs (Heat 4) Mobile Pace, an information was filed by Stipendiary Steward Mr R Quirk against Advanced Amateur Horsewoman Miss S Wigg, alleging a breach of Rule 869(3) (b) in that she drove carelessly by allowing FRANCO CALIPH to strike the outside sulky wheel of CIMMARON, which deflated and resulted in this runner being retired from the race.

Miss Wigg had indicated on the Information that this breach of the Rules was admitted which she confirmed. She also confirmed that she understood the Rule she was being charged with.

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

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

(b) carelessly:-

Mr Quirk gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr S Wallis, to show that near the 1100m CIMARRON, driven by Mr T Thorby, was in the parked position with FRANCO CALIPH, driven by Miss Wigg in the 1/1, directly behind CIMARRON. Mr Wallis pointed out Miss Wigg improving her horse outwards and in doing so her horse struck the outside sulky wheel of Mr Thorby’s horse, CIMARRON. Mr Wallis stated that the tyre deflated immediately with the tyre coming off the rim and the tube becoming entangled in the sulky stay. He said that as a result FRANCO CALIPH was retired from the event.

Miss Wigg stated that she believed that CIMARRON gave ground quickly in front of her and that she struck the wheel of that horse before she eased out. She also believed that CIMARRON may have choked down which caused the horse to stop quickly.

Mr Quirk, in response, stated that they did not necessarily agree with Miss Wigg and pointed to the replays which did not show this happening at the time of the incident.

Submissions for Penalty:

Mr Quirk informed the Committee that Miss Wigg had driven on 9 occasions so far this season and 17 occasions last season. He said that Miss Wigg’s penalty record was clear and that she had admitted the breach at the first opportunity. Mr Quirk stated that although the carelessness was at the lower end the consequential effects were high as a runner was forced to retire from the race. He submitted that a $300 fine be considered as penalty in this case.

Miss Wigg made no submissions in regard to penalty apart from confirming she was in a position to pay a fine.

Reasons for Penalty:

In determining penalty, the Committee took into account Miss Wigg’s ready admission of the breach and her good record. The JCA Penalty Guide dictates a starting point of a $500 fine for an initial breach of this rule. In adopting the starting point of a $500 fine, we were able to give Miss Wigg a discount of $100 for her good record and a further $100 discount for her admission of the breach. We therefore determined that a fine of $300 was an appropriate penalty 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: 3145ce48da55d6d3e4c0900d56617e58


informantnumber: A4325


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 29/05/2016


hearing_title: Rangiora HRC 29 May 2016 - R 3 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 3, the Bishopdale-Bush Inn TAB’S NZ Amateur Drivers Champs (Heat 4) Mobile Pace, an information was filed by Stipendiary Steward Mr R Quirk against Advanced Amateur Horsewoman Miss S Wigg, alleging a breach of Rule 869(3) (b) in that she drove carelessly by allowing FRANCO CALIPH to strike the outside sulky wheel of CIMMARON, which deflated and resulted in this runner being retired from the race.

Miss Wigg had indicated on the Information that this breach of the Rules was admitted which she confirmed. She also confirmed that she understood the Rule she was being charged with.

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

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

(b) carelessly:-

Mr Quirk gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr S Wallis, to show that near the 1100m CIMARRON, driven by Mr T Thorby, was in the parked position with FRANCO CALIPH, driven by Miss Wigg in the 1/1, directly behind CIMARRON. Mr Wallis pointed out Miss Wigg improving her horse outwards and in doing so her horse struck the outside sulky wheel of Mr Thorby’s horse, CIMARRON. Mr Wallis stated that the tyre deflated immediately with the tyre coming off the rim and the tube becoming entangled in the sulky stay. He said that as a result FRANCO CALIPH was retired from the event.

Miss Wigg stated that she believed that CIMARRON gave ground quickly in front of her and that she struck the wheel of that horse before she eased out. She also believed that CIMARRON may have choked down which caused the horse to stop quickly.

Mr Quirk, in response, stated that they did not necessarily agree with Miss Wigg and pointed to the replays which did not show this happening at the time of the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Wigg had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Quirk informed the Committee that Miss Wigg had driven on 9 occasions so far this season and 17 occasions last season. He said that Miss Wigg’s penalty record was clear and that she had admitted the breach at the first opportunity. Mr Quirk stated that although the carelessness was at the lower end the consequential effects were high as a runner was forced to retire from the race. He submitted that a $300 fine be considered as penalty in this case.

Miss Wigg made no submissions in regard to penalty apart from confirming she was in a position to pay a fine.


reasonsforpenalty:

In determining penalty, the Committee took into account Miss Wigg’s ready admission of the breach and her good record. The JCA Penalty Guide dictates a starting point of a $500 fine for an initial breach of this rule. In adopting the starting point of a $500 fine, we were able to give Miss Wigg a discount of $100 for her good record and a further $100 discount for her admission of the breach. We therefore determined that a fine of $300 was an appropriate penalty in this case.


penalty:

Accordingly, Miss Wigg was fined the sum of $300.


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: R Quirk-Stipendiary Steward


JockeysandTrainer: S Wigg-Advanced Amateur Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 64da7619589d56e759c4f554ea914400


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d4345cee6ce3f4d9124eb035c9e392f3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/05/2016


meet_title: Rangiora HRC - 29 May 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Rangiora HRC