Archive Decision

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Wyndham HRC 6 November 2016 – R 2 – Chair, Mr V Munro

ID: JCA15605

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr R McIlwrick - Junior Horseman driver of GABBY'S DELIGHT

Information Number:
A8094

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Wyndham HRC - 6 November 2016

Meet Chair:
VMUnro

Meet Committee Member 1:
GHall

Race Date:
2016/11/06

Race Number:
R 2

Decision:

As the respondent admitted the breach, it is found to be proved.

Penalty:

Mr McIlwrick is fined $300.

Facts:

Following the running of race 2, the Net Ten Eom Macca Lodge Fillies and Mares Mobile Pace, Mr S Wallis lodged an information alleging Mr McIlwrick drove carelessly when allowing 'Gabby’s Delight' to strike the sulky wheel of 'Red Electric' resulting in 'Gabby’s Delight' breaking and losing all chance.

Mr McIlwrick admitted the breach.

Mr Wallis stated that at the 1250 metre mark, Mr McIlwrick moved off the markers with the front outside leg of his horse connecting with the inside sulky wheel of 'Red Electric', causing 'Gabby’s Delight' to gallop and lose all chance.
Mr McIlwrick agreed with Mr Wallis’ summation and added that the blinds on the horse combined with the horse’s greenness, had led to his horse not reacting as quickly as he had expected and with his being so close he clipped the wheel.

Submissions for Penalty:

Mr Wallis stated that Mr McIlwrick was a busy driver with 71 drives so far this season and a lifetime tally of 943. He had a clear record this season with two breaches for similar offending back in January 2016.
Mr Wallis viewed the breach as low end and was seeking a fine around the $300 mark. This breach did not affect any other horse but the respondent’s horse 'Gabby’s Delight' lost all chance.
Mr McIlwrick said he preferred a fine.

Reasons for Penalty:

In determining penalty the committee found there to be no aggravating factors other than the fact that the actions of Mr McIlwrick caused his own horse to gallop and lose all chance.
The committee believed the offending to be at the low to mid end of the scale, and in view of that we take a starting point of $500. The personal mitigating factors are the respondent’s frank admission of the breach and his good record for the past 10 months.

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: b9fefa08ce894bbe03a5bfbaaa7573cf


informantnumber: A8094


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 08/11/2016


hearing_title: Wyndham HRC 6 November 2016 - R 2 - Chair, Mr V Munro


charge:


facts:

Following the running of race 2, the Net Ten Eom Macca Lodge Fillies and Mares Mobile Pace, Mr S Wallis lodged an information alleging Mr McIlwrick drove carelessly when allowing 'Gabby’s Delight' to strike the sulky wheel of 'Red Electric' resulting in 'Gabby’s Delight' breaking and losing all chance.

Mr McIlwrick admitted the breach.

Mr Wallis stated that at the 1250 metre mark, Mr McIlwrick moved off the markers with the front outside leg of his horse connecting with the inside sulky wheel of 'Red Electric', causing 'Gabby’s Delight' to gallop and lose all chance.
Mr McIlwrick agreed with Mr Wallis’ summation and added that the blinds on the horse combined with the horse’s greenness, had led to his horse not reacting as quickly as he had expected and with his being so close he clipped the wheel.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the respondent admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Wallis stated that Mr McIlwrick was a busy driver with 71 drives so far this season and a lifetime tally of 943. He had a clear record this season with two breaches for similar offending back in January 2016.
Mr Wallis viewed the breach as low end and was seeking a fine around the $300 mark. This breach did not affect any other horse but the respondent’s horse 'Gabby’s Delight' lost all chance.
Mr McIlwrick said he preferred a fine.


reasonsforpenalty:

In determining penalty the committee found there to be no aggravating factors other than the fact that the actions of Mr McIlwrick caused his own horse to gallop and lose all chance.
The committee believed the offending to be at the low to mid end of the scale, and in view of that we take a starting point of $500. The personal mitigating factors are the respondent’s frank admission of the breach and his good record for the past 10 months.


penalty:

Mr McIlwrick is fined $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr R McIlwrick - Junior Horseman driver of GABBY'S DELIGHT


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a9f6b6b01a6d187afb2a5b3ad08e3f13


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: 1707abd52b862abfee7d4eb2dc29baf1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/11/2016


meet_title: Wyndham HRC - 6 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: VMUnro


meet_pm1: GHall


meet_pm2: none


name: Wyndham HRC