Ashburton TC 1 June 2014 – R 11
ID: JCA10706
Meet Title:
Ashburton TC - 1 June 2014
Meet Chair:
SChing
Meet Committee Member 1:
KHales
Race Date:
2014/06/01
Race Number:
R11
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mr Anderson was fined the sum of $300.
Facts:
Following the running of Race 11, the Turf Bar at Hotel Ashburton Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Junior Horseman Mr J Anderson, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages.
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 Anderson had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Anderson also confirmed he understood the rule he was being charged with. Mr Anderson also informed the Committee that he did not require assistance at the hearing.
Mr Wallis gave evidence and showed video replays of the incident which showed Mr Anderson driving BETTOR FELLA in a prominent 3 wide position on the home turn. He showed Mr Anderson strike BETTOR FELLA 21 times over the concluding stages of which some strikes were back handers. Mr Wallis submitted that the force used was minimal and there were discernible pauses but it was the sheer number of strikes that was the reason Mr Anderson was being charged.
Mr Anderson made no submissions in regard to the breach.
Submissions for Penalty:
Mr Wallis stated that Mr Anderson was a busy junior driver with 146 drives so far this season. He said that Mr Anderson has had 2 previous breaches under this Rule in the last 12 months. On 13 October 2013 at Timaru, Mr Anderson was fined $200 and at Nelson on 5 January 2014 where he was fined $250. Mr Wallis said that consideration should be given to Mr Anderson's frank admission of the breach, the low level of the breach and the fact that he is a Junior Driver. He said the JCA Penalty Guide recommends a starting point of $500 or 10 drives for a second breach of this rule, having regard to the number of drives, within a 12 month period and submitted that a fine of $300 be considered as penalty in this case.
Mr Anderson made no submission in regards to penalty.
Reasons for Penalty:
In determining penalty we took the JCA Penalty Guide recommendation of $500, having regard to the number of drives, for a breach of this Rule, as a starting point. We were able to give Mr Anderson credit for his frank admission of the breach and the level of the breach we assessed as low. For this we were able to give Mr Anderson a discount of $100. Taking Mr Anderson's status as a junior driver and having regard to the number of drives as well as the fact that it has been 5 months since his last breach, we were able to give Mr Anderson a further discount of $100. We therefore determined that an appropriate penalty on this occasion was a fine of $300.
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: 08c9db5b3c82f0d04644a31d29d3fac1
informantnumber: A 1786
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 26/05/2014
hearing_title: Ashburton TC 1 June 2014 - R 11
charge:
facts:
Following the running of Race 11, the Turf Bar at Hotel Ashburton Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Junior Horseman Mr J Anderson, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages.
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 Anderson had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Anderson also confirmed he understood the rule he was being charged with. Mr Anderson also informed the Committee that he did not require assistance at the hearing.
Mr Wallis gave evidence and showed video replays of the incident which showed Mr Anderson driving BETTOR FELLA in a prominent 3 wide position on the home turn. He showed Mr Anderson strike BETTOR FELLA 21 times over the concluding stages of which some strikes were back handers. Mr Wallis submitted that the force used was minimal and there were discernible pauses but it was the sheer number of strikes that was the reason Mr Anderson was being charged.
Mr Anderson made no submissions in regard to the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Anderson was a busy junior driver with 146 drives so far this season. He said that Mr Anderson has had 2 previous breaches under this Rule in the last 12 months. On 13 October 2013 at Timaru, Mr Anderson was fined $200 and at Nelson on 5 January 2014 where he was fined $250. Mr Wallis said that consideration should be given to Mr Anderson's frank admission of the breach, the low level of the breach and the fact that he is a Junior Driver. He said the JCA Penalty Guide recommends a starting point of $500 or 10 drives for a second breach of this rule, having regard to the number of drives, within a 12 month period and submitted that a fine of $300 be considered as penalty in this case.
Mr Anderson made no submission in regards to penalty.
reasonsforpenalty:
In determining penalty we took the JCA Penalty Guide recommendation of $500, having regard to the number of drives, for a breach of this Rule, as a starting point. We were able to give Mr Anderson credit for his frank admission of the breach and the level of the breach we assessed as low. For this we were able to give Mr Anderson a discount of $100. Taking Mr Anderson's status as a junior driver and having regard to the number of drives as well as the fact that it has been 5 months since his last breach, we were able to give Mr Anderson a further discount of $100. We therefore determined that an appropriate penalty on this occasion was a fine of $300.
penalty:
Accordingly Mr Anderson was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: J Anderson-Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8d21b4c27a324deb80fad43e278b2942
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cbf4180a08eb414fea0e9827e782cd25
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/06/2014
meet_title: Ashburton TC - 1 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: KHales
meet_pm2: none
name: Ashburton TC