Amberley TC 6 February 2018 – R 8 – Chair, Mr S Ching
ID: JCA10662
Meet Title:
Amberley TC - 6 February 2018
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2018/02/06
Race Number:
R 8
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mr Dunn is fined the sum of $200.
Facts:
Following the running of Race 8, the Rangiora Equine Services ‘Amberley Cup’, an Information was filed by Stipendiary Steward Mr S Renault against Licensed Open Horseman, Mr J Dunn, alleging a breach of Rule 869(2)(a) in that he used his whip outside the whip regulations when driving DIAMONDS N CASH.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Dunn had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Dunn driving DIAMONDS N CASH inside the 400m, when racing 4 back and 2 off the pylons. Mr Renault said that after entering the home straight, Mr Dunn drew the whip and struck DIAMONDS N CASH, 13 times over the concluding stages. He stated that the strikes were not forceful and described them as mid-range. He said it was just the sheer number of strikes that Stewards deemed excessive.
As Mr Dunn had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Renault stated that Mr Dunn's driving statistics showed 569 drives last season with 375 drives to date this season. He said that Mr Dunn had an excellent record with no previous breach of this rule over the previous 12 months. He stated that the JCA Penalty Guide provided a $200 fine for a first offence of between 11 to 13 strikes. Mr Renault stated that there were no aggravating factors to consider, and therefore submitted that a fine of $200, as per the sliding scale, be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $200 fine, on the sliding scale, for a first offence with 11 to 13 strikes, mitigation inclusive. We agreed with Mr Renault that there were no aggravating factors to consider and warrant an uplift in penalty. We therefore determined that a $200 was an appropriate penalty in this case.
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: 072b7a9b7e6a0b3bf0e7abf9ebdce9cc
informantnumber: A10157
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a) - excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 08/02/2018
hearing_title: Amberley TC 6 February 2018 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Rangiora Equine Services ‘Amberley Cup’, an Information was filed by Stipendiary Steward Mr S Renault against Licensed Open Horseman, Mr J Dunn, alleging a breach of Rule 869(2)(a) in that he used his whip outside the whip regulations when driving DIAMONDS N CASH.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Dunn had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Dunn driving DIAMONDS N CASH inside the 400m, when racing 4 back and 2 off the pylons. Mr Renault said that after entering the home straight, Mr Dunn drew the whip and struck DIAMONDS N CASH, 13 times over the concluding stages. He stated that the strikes were not forceful and described them as mid-range. He said it was just the sheer number of strikes that Stewards deemed excessive.
As Mr Dunn had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Renault stated that Mr Dunn's driving statistics showed 569 drives last season with 375 drives to date this season. He said that Mr Dunn had an excellent record with no previous breach of this rule over the previous 12 months. He stated that the JCA Penalty Guide provided a $200 fine for a first offence of between 11 to 13 strikes. Mr Renault stated that there were no aggravating factors to consider, and therefore submitted that a fine of $200, as per the sliding scale, be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $200 fine, on the sliding scale, for a first offence with 11 to 13 strikes, mitigation inclusive. We agreed with Mr Renault that there were no aggravating factors to consider and warrant an uplift in penalty. We therefore determined that a $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Dunn is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr J Dunn - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3fa83d44e601fb506395551d4246b348
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1dc719d946a1712b986594579c35488c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2018
meet_title: Amberley TC - 6 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: HWeston
meet_pm2: none
name: Amberley TC