Westport TC 6 March 2020 – R 2 – Chair, Mr D Anderson
ID: JCA16759
Meet Title:
Westport TC - 6 March 2020
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/03/06
Race Number:
R 2
Decision:
Mr Clarke having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Clarke's licence to drive is suspended for 4 weeks from the conclusion of racing on the 8 March up to and including racing on the 5 April 2020.
In addition, Mr Clarke is fined the sum of $250.
Facts:
Following the running of Race 2, an information was filed by Stipendiary Steward, Mr P Williams, against Open Driver Mr S Clarke alleging that “S Clarke (TUSCAN SUN) drove carelessly after 100 metres by shifting ground checking GOTTA TICKET”.
Mr Clarke had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mr Williams with the assistance of Mr Renault identified TUSCAN SUN beginning fast from barrier 8 and angling inwards to take up a forward position. Mr Renault pointed to a gap between Mr Williams (GOTTA TICKET) and Ms Ottley (MARANATHA ATLAS) which Mr Clarke was driving towards at speed. He said Mr Clarke had misjudged the situation and has driven into a half gap locking wheels and causing both his own and Mr Williams’ horse to gallop.
Mr Clarke made no submissions other than to say the gap was there and then it wasn’t.
Submissions for Penalty:
Mr Williams said Mr Clarke’s case highlights the difficulty of finding an appropriate penalty for someone who drives infrequently as Mr Clarke. He said this was Mr Clarke’s third drive this season.
He said in the circumstances a combination of a fine and a suspension would be in order for a meaningful Penalty.
Mr Clarke made no submissions on penalty.
Reasons for Penalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. The Committee deemed the incident to be mid- range and agree a combination of suspension and fine is appropriate in this case.
The Mitigating factors are Mr Clarke’s good record and admission of the breach.
The Committee having regard for the above factors, considered a 4-week suspension and a $250 fine as an appropriate penalty in this case.
Mr Clarke wished to start any suspension after his drive at Reefton on Sunday.
JCA Decision Fields (raw)
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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: dcc1e3245929b9feebf23ab70634953d
informantnumber: A13164
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 11/03/2020
hearing_title: Westport TC 6 March 2020 - R 2 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 2, an information was filed by Stipendiary Steward, Mr P Williams, against Open Driver Mr S Clarke alleging that “S Clarke (TUSCAN SUN) drove carelessly after 100 metres by shifting ground checking GOTTA TICKET”.
Mr Clarke had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.
Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly
Mr Williams with the assistance of Mr Renault identified TUSCAN SUN beginning fast from barrier 8 and angling inwards to take up a forward position. Mr Renault pointed to a gap between Mr Williams (GOTTA TICKET) and Ms Ottley (MARANATHA ATLAS) which Mr Clarke was driving towards at speed. He said Mr Clarke had misjudged the situation and has driven into a half gap locking wheels and causing both his own and Mr Williams’ horse to gallop.
Mr Clarke made no submissions other than to say the gap was there and then it wasn’t.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Clarke having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Williams said Mr Clarke’s case highlights the difficulty of finding an appropriate penalty for someone who drives infrequently as Mr Clarke. He said this was Mr Clarke’s third drive this season.
He said in the circumstances a combination of a fine and a suspension would be in order for a meaningful Penalty.
Mr Clarke made no submissions on penalty.
reasonsforpenalty:
The JCA penalty Guidelines for the rule provides a starting point of a $500 fine or a 10-drive suspension. The Committee deemed the incident to be mid- range and agree a combination of suspension and fine is appropriate in this case.
The Mitigating factors are Mr Clarke’s good record and admission of the breach.
The Committee having regard for the above factors, considered a 4-week suspension and a $250 fine as an appropriate penalty in this case.
Mr Clarke wished to start any suspension after his drive at Reefton on Sunday.
penalty:
Accordingly, Mr Clarke's licence to drive is suspended for 4 weeks from the conclusion of racing on the 8 March up to and including racing on the 5 April 2020.
In addition, Mr Clarke is fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr S Clarke - Open Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 74960c723d38ba8ca34f1b0196f25923
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fb5826882fa88ae5a4c62c8590d93219
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/03/2020
meet_title: Westport TC - 6 March 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Westport TC