Wyndham HRC 17 November 2013 – R 1
ID: JCA12959
Meet Title:
Wyndham HRC - 17 November 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/11/17
Race Number:
R 1
Decision:
Mr Dunn admitted the breach, which we thus find proved.
Penalty:
Mr Dunn is fined the sum of $200.
Facts:
Mr Allison alleged that Mr Dunn drove carelessly in race 1, the MUSCARA LOYALTY PAYBACK PACE, in that PHOENIX WARRIOR shifted ground inwards after approximately 400 metres when insufficiently clear of JANGO FETT.
Mr Allison demonstrated on the videos that after unsuccessfully challenging for the lead, Mr Dunn attempted to ease into a position behind the leading horse NOTA LADA. Unfortunately Mr Larsen, who was racing back on the pylons, hunted up his horse JANGO FETT and, when Mr Dunn moved down on the track, the inside wheel of his cart came into contact with a front leg of JANGO FETT. That horse paced roughly for a few strides before continuing to pace. The tyre of PHOENIX WARRIOR punctured and the horse eventually dropped out finishing 98 lengths from the winner.
Mr Dunn accepted the incident occurred as had been described by Mr Allison. He said he thought he had room to slot in behind NOTA LADA but Mr Larsen had been going quicker than he had realised.
Submissions for Penalty:
Mr Allison submitted that a fine at the lower end of the scale was appropriate. This was competitive driving by two experienced drivers and there had simply been a misjudgment by Mr Dunn. However, the obligation on Mr Dunn, as he was shifting down on the track, was to make sure he was clear of other horses. He had not done this. He submitted a fine at the lower end of the scale was appropriate.
Mr Dunn said that he accepted Mr Allison’s submission as to penalty.
Reasons for Penalty:
We agree that the breach is bottom end. Mr Larsen was entitled to hunt his horse up to obtain the trailing position behind NOTA LADA. Unfortunately Mr Dunn did not realise the speed at which Mr Larsen was making ground on the two leading horses. Interference occurred in that Mr Larsen’s horse was checked and paced roughly and, more significantly, Mr Dunn’s horse suffered a flat tyre and was inconvenienced thereafter.
Mr Dunn has an outstanding record: one incident of careless driving this season and last. He has had a total of 1300 drives in that time. We also take into account his ready admission of the breach.
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: 6e480e94019632339fef65d23674d0fe
informantnumber: A5938
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2013
hearing_title: Wyndham HRC 17 November 2013 - R 1
charge:
facts:
Mr Allison alleged that Mr Dunn drove carelessly in race 1, the MUSCARA LOYALTY PAYBACK PACE, in that PHOENIX WARRIOR shifted ground inwards after approximately 400 metres when insufficiently clear of JANGO FETT.
Mr Allison demonstrated on the videos that after unsuccessfully challenging for the lead, Mr Dunn attempted to ease into a position behind the leading horse NOTA LADA. Unfortunately Mr Larsen, who was racing back on the pylons, hunted up his horse JANGO FETT and, when Mr Dunn moved down on the track, the inside wheel of his cart came into contact with a front leg of JANGO FETT. That horse paced roughly for a few strides before continuing to pace. The tyre of PHOENIX WARRIOR punctured and the horse eventually dropped out finishing 98 lengths from the winner.
Mr Dunn accepted the incident occurred as had been described by Mr Allison. He said he thought he had room to slot in behind NOTA LADA but Mr Larsen had been going quicker than he had realised.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dunn admitted the breach, which we thus find proved.
sumissionsforpenalty:
Mr Allison submitted that a fine at the lower end of the scale was appropriate. This was competitive driving by two experienced drivers and there had simply been a misjudgment by Mr Dunn. However, the obligation on Mr Dunn, as he was shifting down on the track, was to make sure he was clear of other horses. He had not done this. He submitted a fine at the lower end of the scale was appropriate.
Mr Dunn said that he accepted Mr Allison’s submission as to penalty.
reasonsforpenalty:
We agree that the breach is bottom end. Mr Larsen was entitled to hunt his horse up to obtain the trailing position behind NOTA LADA. Unfortunately Mr Dunn did not realise the speed at which Mr Larsen was making ground on the two leading horses. Interference occurred in that Mr Larsen’s horse was checked and paced roughly and, more significantly, Mr Dunn’s horse suffered a flat tyre and was inconvenienced thereafter.
Mr Dunn has an outstanding record: one incident of careless driving this season and last. He has had a total of 1300 drives in that time. We also take into account his ready admission of the breach.
penalty:
Mr Dunn is fined the sum of $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mr D Dunn - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4f22df14cdd03d925f469510d31975e8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 66bcfed193a18096e7e7f806d7092cce
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/11/2013
meet_title: Wyndham HRC - 17 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Wyndham HRC