Reefton TC 30 December 2019 – R 4 – Chair, Mr S Ching
ID: JCA15148
Meet Title:
Reefton TC - 30 December 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/12/30
Race Number:
R4
Decision:
As Mr Laughton had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Laughton’s licence was suspended from the conclusion of racing 6 January up to and including 10 January 2020. Relative meetings encompassed in this period of suspension are Timaru on 7 January, Invercargill on 9 January and Nelson on 10 January 2020.
Facts:
Following the running of Race 4, an Information was filed by Stipendiary Steward, Mr S Renault against Junior Horseman, Mr B Laughton, alleging a breach of Rule 869(3) (b) in that he drove carelessly racing into the first bend by shifting inwards checking RAZORS EDGE.
Mr Laughton had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing.
Mr Laughton also confirmed that he had a clear understanding of the Rule he was being charged with. Mr Laughton, being a Junior Driver, was advised that he was entitled to have assistance at the hearing. He stated that he did not require assistance and was comfortable representing himself at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-"
Mr Renault gave evidence and used video coverage, to show that shortly after the mobile start, and racing into the first bend, Mr Laughton, driving WILLACHY, was racing in a 2-wide position with RAZORS EDGE, driven by Mr J Geddes, on his inside. Mr Renault demonstrated on the film Mr Laughton attempting to shift inwards on the bend and take up a trailing position behind the lead horse when there was insufficient room to do so. As a result, Mr Renault said, RAZORS EDGE was checked and Mr Laughton finished up where Mr Geddes should have been, as the trailing horse behind the lead. Mr Renault added that Mr Laughton reacted and took action immediately to pull his horse out when he realised that Mr Geddes was being tightened on his inner but his horse was slow to react which did not help the situation.
Mr Laughton stated that his intention was to take up the trailing position behind the lead horse but did not realise until too late that Mr Geddes was in his inside, racing into the bend. He also stated that he did attempt to shift his horse out once he realised that Mr Geddes was on his inner but WILLOCHY proved difficult at that point to give relief to Mr Geddes.
Submissions for Penalty:
Mr Renault stated that Mr Laughton was a busy Junior driver whose statistics showed that he had 221 drives last season and 100 to date this season. He said that Mr Laughton’s record showed a breach of this rule on 11 August 2019 at Rangiora where he received a 2-day suspension.
Mr Renault stated that the JCA Penalty Guide provides for s a 3-day starting point for a second breach of this rule within a 6-month period. He submitted that the breach was low to mid-range and that a 3-day suspension be considered as penalty, in this case.
Mr Laughton requested that a deferment of penalty be considered until after Cromwell on 6 January 2020 where he had commitments.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a second breach of this rule within a 6-month period. We agreed with Mr Renault that the breach was low to mid and determined that a starting point of 3 days was appropriate. Aggravating factors were the consequential effects to Mr Geddes and the fact that Mr Laughton ended up in a better position, trailing the lead, ahead of Mr Geddes. For these factors we determined that an uplift was warranted which we set at 1 day. We were, however, able to afford Mr Laughton a discount for his frank admission of the breach which we set at 1 day.
We therefore determined that a 3-day suspension was an appropriate penalty in this case.
Mr Laughton’s request for a deferment until after racing on 6 January 2020 was granted.
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: 6fe6d6df98205811d6d9bebbaac80eb5
informantnumber: A13107
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2019
hearing_title: Reefton TC 30 December 2019 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, an Information was filed by Stipendiary Steward, Mr S Renault against Junior Horseman, Mr B Laughton, alleging a breach of Rule 869(3) (b) in that he drove carelessly racing into the first bend by shifting inwards checking RAZORS EDGE.
Mr Laughton had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing.
Mr Laughton also confirmed that he had a clear understanding of the Rule he was being charged with. Mr Laughton, being a Junior Driver, was advised that he was entitled to have assistance at the hearing. He stated that he did not require assistance and was comfortable representing himself at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-"
Mr Renault gave evidence and used video coverage, to show that shortly after the mobile start, and racing into the first bend, Mr Laughton, driving WILLACHY, was racing in a 2-wide position with RAZORS EDGE, driven by Mr J Geddes, on his inside. Mr Renault demonstrated on the film Mr Laughton attempting to shift inwards on the bend and take up a trailing position behind the lead horse when there was insufficient room to do so. As a result, Mr Renault said, RAZORS EDGE was checked and Mr Laughton finished up where Mr Geddes should have been, as the trailing horse behind the lead. Mr Renault added that Mr Laughton reacted and took action immediately to pull his horse out when he realised that Mr Geddes was being tightened on his inner but his horse was slow to react which did not help the situation.
Mr Laughton stated that his intention was to take up the trailing position behind the lead horse but did not realise until too late that Mr Geddes was in his inside, racing into the bend. He also stated that he did attempt to shift his horse out once he realised that Mr Geddes was on his inner but WILLOCHY proved difficult at that point to give relief to Mr Geddes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Laughton had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Laughton was a busy Junior driver whose statistics showed that he had 221 drives last season and 100 to date this season. He said that Mr Laughton’s record showed a breach of this rule on 11 August 2019 at Rangiora where he received a 2-day suspension.
Mr Renault stated that the JCA Penalty Guide provides for s a 3-day starting point for a second breach of this rule within a 6-month period. He submitted that the breach was low to mid-range and that a 3-day suspension be considered as penalty, in this case.
Mr Laughton requested that a deferment of penalty be considered until after Cromwell on 6 January 2020 where he had commitments.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a second breach of this rule within a 6-month period. We agreed with Mr Renault that the breach was low to mid and determined that a starting point of 3 days was appropriate. Aggravating factors were the consequential effects to Mr Geddes and the fact that Mr Laughton ended up in a better position, trailing the lead, ahead of Mr Geddes. For these factors we determined that an uplift was warranted which we set at 1 day. We were, however, able to afford Mr Laughton a discount for his frank admission of the breach which we set at 1 day.
We therefore determined that a 3-day suspension was an appropriate penalty in this case.
Mr Laughton’s request for a deferment until after racing on 6 January 2020 was granted.
penalty:
Accordingly, Mr Laughton’s licence was suspended from the conclusion of racing 6 January up to and including 10 January 2020. Relative meetings encompassed in this period of suspension are Timaru on 7 January, Invercargill on 9 January and Nelson on 10 January 2020.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr B Laughton - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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race_emailed1: 0
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race_title: R4
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meetdate: 30/12/2019
meet_title: Reefton TC - 30 December 2019
meet_expappcomment:
meet_km:
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tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Reefton TC