Timaru HRC 10 May 2015 – R 11
ID: JCA11517
Meet Title:
Timaru HRC - 10 May 2015
Meet Chair:
SChing
Meet Committee Member 1:
DJackson
Race Date:
2015/05/10
Race Number:
R11
Decision:
As Mr Anderson admitted the breach the charge was found to be proved.
Penalty:
Mr Anderson’s license to drive was suspended from the conclusion of racing on 10 May 2015 up to and including 21 May 2015. This suspension encompasses the meetings at Addington on 15 May, Oamaru on 17 May and Dunedin on 21 May 2015.
Facts:
Following the running of Race 11, the XCM Group & Property Brokers Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Horseman, Mr M Anderson alleging that Mr Anderson, as the driver of BEVAN’S CULLEN in the race, drove carelessly by attempting to shift down the track and in doing so contacted the sulky of CORROBOREE causing his own horse to break.
Mr Anderson informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach. Mr Anderson informed the Committee that although he was a Junior Driver he did not wish to have any assistance at the hearing.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Ydgren gave evidence and replayed video films to show that near the 1300m Mr Anderson, driving BEVAN’S CULLEN, was racing on the outside of the leader CORROBOREE, driven by Mr G Smith. He said Mr Anderson then attempted to drop down into a position in the trail behind the leader, CORROBOREE, however in doing so miscalculated the amount of ground available to him and struck the sulky wheel of CORROBORE. After striking the sulky wheel of CORROBOREE, BEVAN’S CULLEN became unbalanced, began to pace roughly and then broke losing considerable ground. Mr Ydgren stated that it was clear on the films that the gap that Mr Anderson was attempting to shift down into was marginal and that Mr Anderson had misjudged the room available to him.
Mr Anderson stated that BEVAN’S CULLEN had come off the mobile gate aggressively due to his draw and had challenged for the lead early in the race but had then conceded to CORROBOREE. This he said had caused his horse to race aggressively which made BEVAN’S CULLEN difficult to drive. He also said that the pace was eased slightly by CORROBOREE at the same time he was trying to shift down into a trailing position. He submitted that this was a factor in this incident. He also said that BEVAN’S CULLEN was a high stepping horse with not your average gait which he believed also contributed to the incident.
Submissions for Penalty:
Mr Ydgren told that Mr Anderson was one of the industry's up and coming Junior Horsemen who is reasonably experienced with considerable success over the past couple of seasons. Mr Ydgren stated that of concern was Mr Anderson’s record which showed a $250 fine for a breach of this rule on 30 April at Dunedin, 10 days previous. He said the circumstances of that breach were different to today’s breach. He also stated that prior to his latest breach, Mr Anderson’s record was clear. Mr Ydgren said that the JCA Penalty Guide recommended a starting point of 10 drives or a $500 fine for a breach of this rule with a 3 day suspension for a 2nd breach within 4 months. He submitted that a 3 day suspension be considered a penalty in this case.
Mr Anderson stated that points for the Australasian Junior Drivers Championship had just changed over and a 3 day suspension would be detrimental to his chances in this event. In reply to a question from the Committee, Mr Anderson stated that he normally drove on 2-3 occasions at most meetings. The question of deferment was discussed with Mr Anderson opting to take any suspension immediately.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Anderson’s penalty record which we determined to be an aggravating factor due to it being only 10 days since his last breach. We also took into account the level of the breach which we determined to be mid-range. Taking the JCA Penalty Guide recommended starting point of a 3 day suspension for a 2nd breach of this Rule within 4 months, the Committee determined that due to the aggravating factors an uplift of 1 day to a 4 day suspension was required. However Mr Anderson was entitled to credit for his admission of the breach which we determined was a discount of 1 day. We therefore determined that a 3 day suspension 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: 229083b0e56855b0d60d21b895f23d0d
informantnumber: A1472
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2015
hearing_title: Timaru HRC 10 May 2015 - R 11
charge:
facts:
Following the running of Race 11, the XCM Group & Property Brokers Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Horseman, Mr M Anderson alleging that Mr Anderson, as the driver of BEVAN’S CULLEN in the race, drove carelessly by attempting to shift down the track and in doing so contacted the sulky of CORROBOREE causing his own horse to break.
Mr Anderson informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach. Mr Anderson informed the Committee that although he was a Junior Driver he did not wish to have any assistance at the hearing.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly;
Mr Ydgren gave evidence and replayed video films to show that near the 1300m Mr Anderson, driving BEVAN’S CULLEN, was racing on the outside of the leader CORROBOREE, driven by Mr G Smith. He said Mr Anderson then attempted to drop down into a position in the trail behind the leader, CORROBOREE, however in doing so miscalculated the amount of ground available to him and struck the sulky wheel of CORROBORE. After striking the sulky wheel of CORROBOREE, BEVAN’S CULLEN became unbalanced, began to pace roughly and then broke losing considerable ground. Mr Ydgren stated that it was clear on the films that the gap that Mr Anderson was attempting to shift down into was marginal and that Mr Anderson had misjudged the room available to him.
Mr Anderson stated that BEVAN’S CULLEN had come off the mobile gate aggressively due to his draw and had challenged for the lead early in the race but had then conceded to CORROBOREE. This he said had caused his horse to race aggressively which made BEVAN’S CULLEN difficult to drive. He also said that the pace was eased slightly by CORROBOREE at the same time he was trying to shift down into a trailing position. He submitted that this was a factor in this incident. He also said that BEVAN’S CULLEN was a high stepping horse with not your average gait which he believed also contributed to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren told that Mr Anderson was one of the industry's up and coming Junior Horsemen who is reasonably experienced with considerable success over the past couple of seasons. Mr Ydgren stated that of concern was Mr Anderson’s record which showed a $250 fine for a breach of this rule on 30 April at Dunedin, 10 days previous. He said the circumstances of that breach were different to today’s breach. He also stated that prior to his latest breach, Mr Anderson’s record was clear. Mr Ydgren said that the JCA Penalty Guide recommended a starting point of 10 drives or a $500 fine for a breach of this rule with a 3 day suspension for a 2nd breach within 4 months. He submitted that a 3 day suspension be considered a penalty in this case.
Mr Anderson stated that points for the Australasian Junior Drivers Championship had just changed over and a 3 day suspension would be detrimental to his chances in this event. In reply to a question from the Committee, Mr Anderson stated that he normally drove on 2-3 occasions at most meetings. The question of deferment was discussed with Mr Anderson opting to take any suspension immediately.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Anderson’s penalty record which we determined to be an aggravating factor due to it being only 10 days since his last breach. We also took into account the level of the breach which we determined to be mid-range. Taking the JCA Penalty Guide recommended starting point of a 3 day suspension for a 2nd breach of this Rule within 4 months, the Committee determined that due to the aggravating factors an uplift of 1 day to a 4 day suspension was required. However Mr Anderson was entitled to credit for his admission of the breach which we determined was a discount of 1 day. We therefore determined that a 3 day suspension was an appropriate penalty in this case.
penalty:
Mr Anderson’s license to drive was suspended from the conclusion of racing on 10 May 2015 up to and including 21 May 2015. This suspension encompasses the meetings at Addington on 15 May, Oamaru on 17 May and Dunedin on 21 May 2015.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N Ydgren, Stipendiary Steward
JockeysandTrainer: M Anderson, Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c1d91c8d547fa3548bf4eabdf978195a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3777bbdf533e3b50cd4f2c73a4571a02
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/05/2015
meet_title: Timaru HRC - 10 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DJackson
meet_pm2: none
name: Timaru HRC