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.

Wyndham HRC 19 January 2016 – R 3 – Chair, Mr N Skelt

ID: JCA11316

Applicant:
Mr C Allison - Stipendiary Steward

Respondent(s):
Mr A Beck - Driver of SET ME ABLAZE

Information Number:
A6625

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Wyndham HRC - 19 January 2016

Meet Chair:
NSkelt

Race Date:
2016/01/19

Race Number:
R 3

Decision:

As Mr Beck has admitted the breach we find it proved.

Penalty:

Mr Beck's horseman license is suspended from the conclusion of racing on Tuesday 19th January 2016 to the conclusion of racing on the 30/01/2016 effectively 2 days encompassing the Invercargill Harness Meetings on 25/01/2016 and the 30/01/2016.

Mr Beck was also fined the sum of $250.

Facts:

At the conclusion of Race 3 the MLT Mobile Pace, an information A 6625 was filed by stipendiary steward Mr C. Allison alleging that Mr A. Beck SET ME ABLAZE shifted inwards over the early stages when insufficiently clear of THIS EXCUSE IS FINE (C. Barron) resulting in SET ME ABLAZE striking the sulky tyre of THIS EXCUSE IS FINE which deflated.

The rule reads 869 (3)(b): no horseman in any race shall drive carelessly.

Mr Beck was present at the hearing and admitted the breach.

Mr Allison demonstrated on the videos, highlighting SET ME ABLAZE who was drawn 5 from behind the mobile gate shifting downwards when THIS EXCUSE IS FINE (C. Barron) who was drawn 4 from behind the mobile gate, was moving into the front position. Mr Beck's horse has made contact with Mr Barron eventually pulling THIS EXCUSE IS FINE out of the race about the 1800 metre point.

Mr Beck stated that he was looking at getting onto the back of (Mr Barron’s horse, THIS EXCUSE IS FINE) but had made an error of judgement in attempting to do so, and he has marginally made contact with the horse.

Submissions for Penalty:

Mr Allison produced Mr Beck's driving record which showed a breach under this rule on 15/11/15 at the Wyndham Harness Meeting where he received a $400 fine.

Mr Allison described this breach as low range.

Mr Beck had 248 drives last season and 63 drives this season, Mr Allison confirmed Mr Beck has 5 to 6 drives on most race days on the Southland circuit.

The JCA penalty recommends a 3 day suspension for a second offence of careless driving, within a four month period of the first offence occurring.

Reasons for Penalty:

Mr Beck has allowed his horse SET ME ABLAZE to shift inwards when not sufficiently clear of Mr Barron’s horse THIS EXCUSE IS FINE.

The incident itself was minor, however it has resulted in the tyre of THIS EXCUSE IS FINE to be deflated and the horse eventually losing its chance. Mr Beck submitted that a fine would be an appropriate penalty, which in this instance was not deemed appropriate.

Mr Beck was given credit for his cooperation with the stipendiary stewards and his immediate admission of the breach, and he was given a one day discount reducing the initial penalty from a 3 day suspension to a 2 day suspension.

An aggravating factor in fixing penalty was that this was the second offence under this rule within 4 months, and that a horse had its chances extinguished which required an uplift in penalty and in this case a fine is deemed appropriate.

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: 158e591aaae3449be1364362412e5d34


informantnumber: A6625


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 21/01/2016


hearing_title: Wyndham HRC 19 January 2016 - R 3 - Chair, Mr N Skelt


charge:


facts:

At the conclusion of Race 3 the MLT Mobile Pace, an information A 6625 was filed by stipendiary steward Mr C. Allison alleging that Mr A. Beck SET ME ABLAZE shifted inwards over the early stages when insufficiently clear of THIS EXCUSE IS FINE (C. Barron) resulting in SET ME ABLAZE striking the sulky tyre of THIS EXCUSE IS FINE which deflated.

The rule reads 869 (3)(b): no horseman in any race shall drive carelessly.

Mr Beck was present at the hearing and admitted the breach.

Mr Allison demonstrated on the videos, highlighting SET ME ABLAZE who was drawn 5 from behind the mobile gate shifting downwards when THIS EXCUSE IS FINE (C. Barron) who was drawn 4 from behind the mobile gate, was moving into the front position. Mr Beck's horse has made contact with Mr Barron eventually pulling THIS EXCUSE IS FINE out of the race about the 1800 metre point.

Mr Beck stated that he was looking at getting onto the back of (Mr Barron’s horse, THIS EXCUSE IS FINE) but had made an error of judgement in attempting to do so, and he has marginally made contact with the horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Beck has admitted the breach we find it proved.


sumissionsforpenalty:

Mr Allison produced Mr Beck's driving record which showed a breach under this rule on 15/11/15 at the Wyndham Harness Meeting where he received a $400 fine.

Mr Allison described this breach as low range.

Mr Beck had 248 drives last season and 63 drives this season, Mr Allison confirmed Mr Beck has 5 to 6 drives on most race days on the Southland circuit.

The JCA penalty recommends a 3 day suspension for a second offence of careless driving, within a four month period of the first offence occurring.


reasonsforpenalty:

Mr Beck has allowed his horse SET ME ABLAZE to shift inwards when not sufficiently clear of Mr Barron’s horse THIS EXCUSE IS FINE.

The incident itself was minor, however it has resulted in the tyre of THIS EXCUSE IS FINE to be deflated and the horse eventually losing its chance. Mr Beck submitted that a fine would be an appropriate penalty, which in this instance was not deemed appropriate.

Mr Beck was given credit for his cooperation with the stipendiary stewards and his immediate admission of the breach, and he was given a one day discount reducing the initial penalty from a 3 day suspension to a 2 day suspension.

An aggravating factor in fixing penalty was that this was the second offence under this rule within 4 months, and that a horse had its chances extinguished which required an uplift in penalty and in this case a fine is deemed appropriate.


penalty:

Mr Beck's horseman license is suspended from the conclusion of racing on Tuesday 19th January 2016 to the conclusion of racing on the 30/01/2016 effectively 2 days encompassing the Invercargill Harness Meetings on 25/01/2016 and the 30/01/2016.

Mr Beck was also fined the sum of $250.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C Allison - Stipendiary Steward


JockeysandTrainer: Mr A Beck - Driver of SET ME ABLAZE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c288d21f866d63d946969ea7953c944b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 23ba7f14d58ff1338395e0a31ee566f1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/01/2016


meet_title: Wyndham HRC - 19 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Wyndham HRC