NZ Metropolitan TC 31 July 2020 – R 1 – Chair, Mr S Ching
ID: JCA11982
Meet Title:
NZ Metro TC - 31 July 2020
Meet Chair:
SChing
Race Date:
2020/07/31
Race Number:
R1
Decision:
The charge was found proved.
Penalty:
Mr Butt is fined the sum of $300.
Facts:
Following Race 1, the HRS Construction Trot, an Information was lodged against Licensed Open Horseman, Mr B Butt, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows;
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Butt confirmed that he admitted the charge and understood the Rule it was brought under.
Mr Ydgren gave evidence to show that Mr Butt driving LIGHTING FIRE, was positioned three wide and improving as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Butt, drew the whip and used it on 11 occasions prior to the line. Mr Ydgren confirmed that Mr Butt won the race by a short margin, being ½ a head.
Mr Butt did not dispute the number of strikes.
Submissions for Penalty:
Mr Ydgren stated that Mr Butt had a clear record in relation to the Rule over the previous 6 months. He said that the JCA Penalty Guide provides a sliding scale penalty of a $200 fine for a first offence where the strikes are 11-13. Mr Ydgren submitted that a fine as per the sliding scale be considered as penalty in this case.
Mr Butt made no submissions in regard to penalty.
Reasons for Penalty:
The Penalty Guide provides a $200 fine on the sliding scale, mitigation inclusive, for a low level first offence of this Rule. In assessing penalty, we took into consideration the fact that Mr Butt got up to win the race by a narrow margin. This factor we deemed to be aggravating and therefore warranted an uplift in penalty. We set this uplift at $100.
We therefore determined that a $300 fine was an appropriate fine 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: 33afa6309acdb4e263588ada1df43ca7
informantnumber: A13269
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 01/08/2020
hearing_title: NZ Metropolitan TC 31 July 2020 - R 1 - Chair, Mr S Ching
charge:
facts:
Following Race 1, the HRS Construction Trot, an Information was lodged against Licensed Open Horseman, Mr B Butt, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows;
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Butt confirmed that he admitted the charge and understood the Rule it was brought under.
Mr Ydgren gave evidence to show that Mr Butt driving LIGHTING FIRE, was positioned three wide and improving as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Butt, drew the whip and used it on 11 occasions prior to the line. Mr Ydgren confirmed that Mr Butt won the race by a short margin, being ½ a head.
Mr Butt did not dispute the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren stated that Mr Butt had a clear record in relation to the Rule over the previous 6 months. He said that the JCA Penalty Guide provides a sliding scale penalty of a $200 fine for a first offence where the strikes are 11-13. Mr Ydgren submitted that a fine as per the sliding scale be considered as penalty in this case.
Mr Butt made no submissions in regard to penalty.
reasonsforpenalty:
The Penalty Guide provides a $200 fine on the sliding scale, mitigation inclusive, for a low level first offence of this Rule. In assessing penalty, we took into consideration the fact that Mr Butt got up to win the race by a narrow margin. This factor we deemed to be aggravating and therefore warranted an uplift in penalty. We set this uplift at $100.
We therefore determined that a $300 fine was an appropriate fine in this case.
penalty:
Mr Butt is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2) - Whip Regulation (b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Butt - Licensed Open Horsema
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 417acf17254ab93f5df0d3ee2c836284
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 79d7ce16c797fa918a5d9959527abdf8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/07/2020
meet_title: NZ Metro TC - 31 July 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: NZ Metro TC