Oamaru HRC 6 December 2014 – R 7
ID: JCA10667
Meet Title:
Oamaru HRC - 6 December 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/12/06
Race Number:
R7
Decision:
As Mr Payne had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Payne was fined the sum of $200.
Facts:
Following the running of Race 7, the Fat Sallys Pub/Restaurant Driver Series Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr G R Payne alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner in the run home.
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.”
Mr Payne had indicated on the Information that this breach of the Rules was admitted. Mr Payne had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Payne driving DELIGHTFUL DASH, when in the lead at the home turn, used his whip on approximately 23 occasions in the run home. Mr Renault stated that there were a couple of pauses later in the straight but that they were after 18 strikes. Mr Renault submitted that in the Stewards' opinion the strikes were low to mid in force. He stated that some of the strikes were not on the horse. Mr Renault submitted that the level of offending could be described as low to mid-range.
Submissions for Penalty:
In relation to penalty Mr Renault stated that Mr Payne had a clear record under this rule over the previous 12 months. Mr Renault stated that Mr Payne had admitted the breach at the earliest opportunity and that the breach was at the lower to mid-level. He submitted that a fine of $200 be considered as penalty in this case.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we adopted the starting point of $300 as recommended in the JCA Penalty Guidelines for a breach of this Rule. We were able to give Mr Payne a discount of $50 for his ready admission of the breach. We were also able to give Mr Payne a further discount of $50 for his good record. We also agreed with Mr Renault that the breach was at the low to mid-level. We therefore decided that a fine of $200 was an appropriate penalty on this occasion.
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: 07bb8e402533c91610ec673171ebca55
informantnumber: A6327
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2014
hearing_title: Oamaru HRC 6 December 2014 - R 7
charge:
facts:
Following the running of Race 7, the Fat Sallys Pub/Restaurant Driver Series Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr G R Payne alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner in the run home.
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.”
Mr Payne had indicated on the Information that this breach of the Rules was admitted. Mr Payne had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Payne driving DELIGHTFUL DASH, when in the lead at the home turn, used his whip on approximately 23 occasions in the run home. Mr Renault stated that there were a couple of pauses later in the straight but that they were after 18 strikes. Mr Renault submitted that in the Stewards' opinion the strikes were low to mid in force. He stated that some of the strikes were not on the horse. Mr Renault submitted that the level of offending could be described as low to mid-range.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Payne had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault stated that Mr Payne had a clear record under this rule over the previous 12 months. Mr Renault stated that Mr Payne had admitted the breach at the earliest opportunity and that the breach was at the lower to mid-level. He submitted that a fine of $200 be considered as penalty in this case.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we adopted the starting point of $300 as recommended in the JCA Penalty Guidelines for a breach of this Rule. We were able to give Mr Payne a discount of $50 for his ready admission of the breach. We were also able to give Mr Payne a further discount of $50 for his good record. We also agreed with Mr Renault that the breach was at the low to mid-level. We therefore decided that a fine of $200 was an appropriate penalty on this occasion.
penalty:
Mr Payne was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer: G R Payne- Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1b09e77d3872920506342d09eb2f5ec5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: efd1e11fb67396cac1ac6647d4bf65de
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/12/2014
meet_title: Oamaru HRC - 6 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Oamaru HRC