Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Winton HRC 7 September 2017 – R 6 – Chair, Mr P Knowles

ID: JCA14039

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr AJ Suddaby - Open Horseman

Information Number:
A09856

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Winton HRC - 7 September 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
VMUnro

Meet Committee Member 2:
MConway

Race Date:
2017/09/07

Race Number:
R 6

Decision:

Mr Suddaby has admitted the breach of rule 869(3)(b). We therefore find that Mr Suddaby drove carelessly on this occasion. The breach is proved.

Penalty:

Mr Suddaby is fined the sum of $300.
 

Facts:

Following the running of Race 6, the Terror To Love At Pinelea Farm Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Open Driver, Mr A Suddaby, alleging that, as the driver of DON’T PASS I’M FAST, he “…drove carelessly with 400m to run when striking the sulky wheel of LINDALI (N Williamson) causing the tyre to deflate.”

Rule 869 provides as follows:
(3) No horseman in any race shall drive: -
(b) carelessly.

Mr Suddaby indicated he admitted the breach and did now wish to be present at the hearing.

Mr Renault demonstrated on the videos that Mr Suddaby (DON'T PASS I'M FAST) was at the rear of the field on the outer, trailing Mr Williamson (LINDALI). With 400m to run, Mr Suddaby attempted to angle 3 wide to mount a challenge. In do so, the near-side front leg of DON'T PASS I'M FAST struck the right sulky wheel of LINDALI, causing the tyre to deflate.

DON'T PASS I'M FAST suffered a slight check as a result of the incident but recovered to finish in 3rd place. LINDALI finished in 5th place. The official margins are a head, and a half-head.

The tyre and tube could be seen to separate from the wheel rim some 75m after LINDALI crossed the finishing line.

Mr Renault said when spoken to, Mr Suddaby had accepted full responsibility for the incident.

Submissions for Penalty:

Mr Renault produced Mr Suddaby’s driving record, which showed one breach of the relevant rule on 11 December 2016. This resulted in a $300 fine. Mr Renault said Mr Suddaby had a good recent record.

The JCA Penalty Guide refers to a starting point of a 10 drives’ suspension or a $500 fine for a breach of rule 869(3)(b). Mr Renault submitted that Mr Suddaby’s actions on this occasion amounted to an “error of judgement.” Mr Renault considered this breach to be in the low to mid-range.

Mr Renault submitted that Mr Suddaby should be given a discount for his good recent record and his admission of the breach. Stewards submitted that a fine of $300 was appropriate, Mr Renault said.
The Committee asked Mr Renault if Mr Suddaby had expressed a view on penalty. Mr Suddaby had asked that it be “as low as possible,” Mr Renault said.
 

Reasons for Penalty:

In determining penalty, the Committee referred to the Penalty Guide starting point of a 10 drives’ suspension or a $500 fine. The Committee agreed with Mr Renault that the breach on this occasion was “an error of judgement” in the low to mid-range. A $500 fine was considered to be the appropriate starting point.

With respect to this careless driving charge, the Committee found there were no aggravating factors.

Mr Suddaby’s good recent record and full admission of the breach were accepted as mitigating factors. The Committee decided that, in combination, this warranted a $200 discount from the starting point.

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: 8fa0f1f835a7d724edad8ef84f024b09


informantnumber: A09856


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 11/09/2017


hearing_title: Winton HRC 7 September 2017 - R 6 - Chair, Mr P Knowles


charge:


facts:

Following the running of Race 6, the Terror To Love At Pinelea Farm Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Open Driver, Mr A Suddaby, alleging that, as the driver of DON’T PASS I’M FAST, he “…drove carelessly with 400m to run when striking the sulky wheel of LINDALI (N Williamson) causing the tyre to deflate.”

Rule 869 provides as follows:
(3) No horseman in any race shall drive: -
(b) carelessly.

Mr Suddaby indicated he admitted the breach and did now wish to be present at the hearing.

Mr Renault demonstrated on the videos that Mr Suddaby (DON'T PASS I'M FAST) was at the rear of the field on the outer, trailing Mr Williamson (LINDALI). With 400m to run, Mr Suddaby attempted to angle 3 wide to mount a challenge. In do so, the near-side front leg of DON'T PASS I'M FAST struck the right sulky wheel of LINDALI, causing the tyre to deflate.

DON'T PASS I'M FAST suffered a slight check as a result of the incident but recovered to finish in 3rd place. LINDALI finished in 5th place. The official margins are a head, and a half-head.

The tyre and tube could be seen to separate from the wheel rim some 75m after LINDALI crossed the finishing line.

Mr Renault said when spoken to, Mr Suddaby had accepted full responsibility for the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Suddaby has admitted the breach of rule 869(3)(b). We therefore find that Mr Suddaby drove carelessly on this occasion. The breach is proved.


sumissionsforpenalty:

Mr Renault produced Mr Suddaby’s driving record, which showed one breach of the relevant rule on 11 December 2016. This resulted in a $300 fine. Mr Renault said Mr Suddaby had a good recent record.

The JCA Penalty Guide refers to a starting point of a 10 drives’ suspension or a $500 fine for a breach of rule 869(3)(b). Mr Renault submitted that Mr Suddaby’s actions on this occasion amounted to an “error of judgement.” Mr Renault considered this breach to be in the low to mid-range.

Mr Renault submitted that Mr Suddaby should be given a discount for his good recent record and his admission of the breach. Stewards submitted that a fine of $300 was appropriate, Mr Renault said.
The Committee asked Mr Renault if Mr Suddaby had expressed a view on penalty. Mr Suddaby had asked that it be “as low as possible,” Mr Renault said.
 


reasonsforpenalty:

In determining penalty, the Committee referred to the Penalty Guide starting point of a 10 drives’ suspension or a $500 fine. The Committee agreed with Mr Renault that the breach on this occasion was “an error of judgement” in the low to mid-range. A $500 fine was considered to be the appropriate starting point.

With respect to this careless driving charge, the Committee found there were no aggravating factors.

Mr Suddaby’s good recent record and full admission of the breach were accepted as mitigating factors. The Committee decided that, in combination, this warranted a $200 discount from the starting point.


penalty:

Mr Suddaby is fined the sum of $300.
 


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr SP Renault - Stipendiary Steward


JockeysandTrainer: Mr AJ Suddaby - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a5529ec812976dd90be3eff5838bd7b8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3b90d89de49a6aecab7ec9496b410767


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/09/2017


meet_title: Winton HRC - 7 September 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: VMUnro


meet_pm2: MConway


name: Winton HRC