Archive Decision

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Timaru HRC 18 January 2017 – R 1 – Chair, Mr P Knowles

ID: JCA14833

Applicant:
Mr SP Renault – Stipendiary Steward

Respondent(s):
Mr N Munro - Amateur Horseman

Information Number:
A6269

Hearing Type:
Hearing

New Charge:
869 (3) (b)

Rules:
Careless driving

Plea:
admitted

Meet Title:
Timaru HRC - 18 January 2017

Meet Chair:
PKnowles

Race Date:
2017/01/18

Race Number:
R1

Decision:

After viewing the videos and hearing the submissions from Mr Renault the charge was found proved.

Penalty:

Mr Munro is fined $350.

Facts:

Following the running of race 2 the BISHOPDALE AND BUSH INN TAB’S MOBILE PACE, Stewards filed an Information alleging “Mr N Munro (Elusive Flight) drove carelessly near the 400 metres checking' Jackalack Sue' (A Edge) and 'Gerald' (M Stratford) which both broke.”

Rule 869 (3) (b) reads:

(3) No horseman in any race shall drive

(b) carelessly

Mr Munro admitted the charge and chose not to attend the hearing.

Mr Ydgren, with the aid of video replays stated Mr Munro was attempting to improve three wide across the final bend. Directly inside him was 'Jackalack Sue' with 'Gerald' inside that runner on the pole line. Approaching the 400m Mr Munro allowed his horse to shift inwards coming into contact with 'Jackalack Sue' which in turn was forced inwards making contact with 'Gerald'. As a result both of those runners were checked and broke from their gate.

Mr Ydgren stated that inquiries with both Mr Edge and Mr Stratford confirmed their observations. Mr Munro, after viewing the videos had accepted the evidence of both drivers and the Stewards. He also indicated he did not wish to attend the hearing.

Submissions for Penalty:

Mr Renault stated Mr Munro was having his second drive as an Amateur Horseman. He had a clear record and had just started back as a driver after a break. He said the aggravating features of the incident were that two horses had broken and lost their chances. He sought a fine of $350.

Mr Renault said Mr Munro indicated he preferred a fine as opposed to a suspension.

Reasons for Penalty:

The JCA Penalty Guide recommends a starting point of $500 or a suspension of 10 drives. The aggravating features are that two runners were checked and lost their chances. The Stewards submitted a fine of $350. While Mr Munro did not attend he indicated to the Stewards he would prefer a fine as opposed to a suspension.

Mr Munro is an Amateur Horseman thus any fine is a significant penalty when taking into account that he does not gain a driving fee or a percentage of any stakes won. In this instance, taking into account the level of aggravating feature a fine is the appropriate penalty. We take a starting point of $500 and despite the aggravating features there is no uplift. Credit is given for Mr Munro’s admission of the breach and to a lesser degree his clear record.   

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: 81243e1de0091cce0db0f24ce55b9c7d


informantnumber: A6269


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869 (3) (b)


plea: admitted


penaltyrequired: 1


decisiondate: 22/01/2017


hearing_title: Timaru HRC 18 January 2017 - R 1 - Chair, Mr P Knowles


charge:


facts:

Following the running of race 2 the BISHOPDALE AND BUSH INN TAB’S MOBILE PACE, Stewards filed an Information alleging “Mr N Munro (Elusive Flight) drove carelessly near the 400 metres checking' Jackalack Sue' (A Edge) and 'Gerald' (M Stratford) which both broke.”

Rule 869 (3) (b) reads:

(3) No horseman in any race shall drive

(b) carelessly

Mr Munro admitted the charge and chose not to attend the hearing.

Mr Ydgren, with the aid of video replays stated Mr Munro was attempting to improve three wide across the final bend. Directly inside him was 'Jackalack Sue' with 'Gerald' inside that runner on the pole line. Approaching the 400m Mr Munro allowed his horse to shift inwards coming into contact with 'Jackalack Sue' which in turn was forced inwards making contact with 'Gerald'. As a result both of those runners were checked and broke from their gate.

Mr Ydgren stated that inquiries with both Mr Edge and Mr Stratford confirmed their observations. Mr Munro, after viewing the videos had accepted the evidence of both drivers and the Stewards. He also indicated he did not wish to attend the hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

After viewing the videos and hearing the submissions from Mr Renault the charge was found proved.


sumissionsforpenalty:

Mr Renault stated Mr Munro was having his second drive as an Amateur Horseman. He had a clear record and had just started back as a driver after a break. He said the aggravating features of the incident were that two horses had broken and lost their chances. He sought a fine of $350.

Mr Renault said Mr Munro indicated he preferred a fine as opposed to a suspension.


reasonsforpenalty:

The JCA Penalty Guide recommends a starting point of $500 or a suspension of 10 drives. The aggravating features are that two runners were checked and lost their chances. The Stewards submitted a fine of $350. While Mr Munro did not attend he indicated to the Stewards he would prefer a fine as opposed to a suspension.

Mr Munro is an Amateur Horseman thus any fine is a significant penalty when taking into account that he does not gain a driving fee or a percentage of any stakes won. In this instance, taking into account the level of aggravating feature a fine is the appropriate penalty. We take a starting point of $500 and despite the aggravating features there is no uplift. Credit is given for Mr Munro’s admission of the breach and to a lesser degree his clear record.   


penalty:

Mr Munro is fined $350.


hearing_type: Hearing


Rules: Careless driving


Informant: Mr SP Renault – Stipendiary Steward


JockeysandTrainer: Mr N Munro - Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3da8fa7e0ff1d7889cc8096776c363ba


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 41c9dc0995cd044ece21a7d879eda9b4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/01/2017


meet_title: Timaru HRC - 18 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: none


meet_pm2: none


name: Timaru HRC