Auckland TC 8 June 2012 – R 5
ID: JCA10821
Meet Title:
Auckland TC - 8 June 2012
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2012/06/08
Race Number:
R 5
Decision:
As Mr Branch admitted the breach we find the charge proved.
Penalty:
Accordingly, having taken all the above matters into account we impose a fine of $175.
Charge:
Following race 5 an information was filed pursuant to rule 869(2)(a). The informant, Mr Muirhead, alleged that Junior Horseman Mr D Branch used his whip excessively driving SPEEDSTAR over the concluding stages.
Facts:
Mr Muirhead demonstrated the incident by using the available films. He pointed out to the committee that Mr Branch used his whip 21 times over the final 300 metres on the horse SPEEDSTAR. He informed the committee in the heat of the moment Mr Branch got carried away with the use of his whip.
After viewing the video films and hearing Mr Muirhead's evidence Mr D Butcher on behalf of Mr Branch asked the committee if Mr Branch could change his plea from denied to admitting the breach.The committee acknowledged this request and Mr Branch endorsed the information accordingly.
Mr D Butcher said that Mr Branch was complying with the use of his whip until the closing stages of the race. He told the committee that he would give Mr Branch some guidance for the future in the way he uses his whip.
Submissions for Penalty:
Mr Muirhead produced Mr Branch's record which showed no previous breach of this rule in the last 12 months. He submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or a $300 fine. He submitted the breach should be assessed as mid range and Mr Branch should be given credit for his admission of the breach and his clear record.
Mr Butcher submitted that the committee should take into account that Mr Branch is an inexperienced Driver and in particular he should be given credit as a Junior Horseman. Mr Butcher submitted a fine of $100 would be an appropriate penalty.
Mr Branch when asked for submissions on penalty had nothing to say.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Branch's admission of the breach and his very good record. However, this has to be balanced against the severity and frequency of Mr Branch's use of the whip. We assess the breach to be mid range.
In assessing an appropriate penalty we took into account the submissions of Mr Muirhead and Mr Butcher. We also considered the JCA penalty guide and referred to the recent listing of penalties for similar breaches. We assess an appropriate penalty is a fine of $175, with Mr Branch being given credit as a Junior Horseman.
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: 0e55a73fb48ec6ab41af01c62761312f
informantnumber: A2462
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Auckland TC 8 June 2012 - R 5
charge:
Following race 5 an information was filed pursuant to rule 869(2)(a). The informant, Mr Muirhead, alleged that Junior Horseman Mr D Branch used his whip excessively driving SPEEDSTAR over the concluding stages.
facts:
Mr Muirhead demonstrated the incident by using the available films. He pointed out to the committee that Mr Branch used his whip 21 times over the final 300 metres on the horse SPEEDSTAR. He informed the committee in the heat of the moment Mr Branch got carried away with the use of his whip.
After viewing the video films and hearing Mr Muirhead's evidence Mr D Butcher on behalf of Mr Branch asked the committee if Mr Branch could change his plea from denied to admitting the breach.The committee acknowledged this request and Mr Branch endorsed the information accordingly.
Mr D Butcher said that Mr Branch was complying with the use of his whip until the closing stages of the race. He told the committee that he would give Mr Branch some guidance for the future in the way he uses his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Branch admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead produced Mr Branch's record which showed no previous breach of this rule in the last 12 months. He submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or a $300 fine. He submitted the breach should be assessed as mid range and Mr Branch should be given credit for his admission of the breach and his clear record.
Mr Butcher submitted that the committee should take into account that Mr Branch is an inexperienced Driver and in particular he should be given credit as a Junior Horseman. Mr Butcher submitted a fine of $100 would be an appropriate penalty.
Mr Branch when asked for submissions on penalty had nothing to say.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Branch's admission of the breach and his very good record. However, this has to be balanced against the severity and frequency of Mr Branch's use of the whip. We assess the breach to be mid range.
In assessing an appropriate penalty we took into account the submissions of Mr Muirhead and Mr Butcher. We also considered the JCA penalty guide and referred to the recent listing of penalties for similar breaches. We assess an appropriate penalty is a fine of $175, with Mr Branch being given credit as a Junior Horseman.
penalty:
Accordingly, having taken all the above matters into account we impose a fine of $175.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr D Branch - Junior Horseman
Otherperson: Mr D Butcher - Senior Horseman assisting Mr D Branch
PersonPresent:
Respondent:
StipendSteward:
raceid: e71de35e55aff0b67612e14043948dee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 100000c131992aa98478e7868d883e3d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/06/2012
meet_title: Auckland TC - 8 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Auckland TC