Banks Peninsula TC 2 October 2016 – R 7 – Chair, Mr R McKenzie
ID: JCA12198
Meet Title:
Banks Peninsula TC - 2 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/10/02
Race Number:
R7
Decision:
Miss Young having admitted the charge, the charge was found proved.
Penalty:
Miss Young was fined the sum of $300.
Facts:
Following the running of Race 7, Farmlands Mitavite Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Miss J J A Young, alleging a breach of Rule 869 (2) (a) in that, as the driver of MAYBE FLYIN in the race, she “used her whip in an excessive manner over the concluding stages when driving MAYBE FLYIN”.
Miss Young was present at the hearing of the information form and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed a video replay of the final 400-500 metres of the race. He pointed out Miss Young, driving MAYBE FLYIN, being drawn out to a 4-wide position as the field passed the 400 metres. It was the Stewards' allegation, Mr Renault said, that Miss Young had used her whip on 20 occasions from that point to the finishing line which was a clear breach of the Rule, he submitted. Miss Young told the Committee that she agreed with the alleged number of strikes. There were some pauses by Miss Young in her use of the whip but it was the number of strikes that was of concern to the Stewards and that had led to the charge, Mr Renault said.
Miss Young said that she had been caught out by the long straight and that the strikes were not forceful.
Submissions for Penalty:
Mr Renault told the Committee that Miss Young has had 5 drives to date in the current season and had 257 drives in the 2015/2016 season. She had breached the Rule on 28 February 2016 and received a fine of $300 but that that charge fell outside of the “reset period” of 6 months. She was accordingly deemed to have a clear record for the purposes assessing of penalty for this breach.
Mr Renault referred to the starting point under the Penalty Guide of a $500 fine and submitted that, taking into account Miss Young’s clear record and her admission of the breach, a fine of $300 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine, as suggested by the Penalty Guide. Miss Young was entitled to a discount for her good record and her admission of the breach. There were no other mitigating factors. There were no aggravating factors.
The Committee determined that Miss Young was entitled to a discount of $200 from the starting point of $500 for the mitigating factors referred to. There were no aggravating factors.
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: 3eb446c8c264fe820e2608325761c622
informantnumber: A8361
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2016
hearing_title: Banks Peninsula TC 2 October 2016 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Farmlands Mitavite Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Miss J J A Young, alleging a breach of Rule 869 (2) (a) in that, as the driver of MAYBE FLYIN in the race, she “used her whip in an excessive manner over the concluding stages when driving MAYBE FLYIN”.
Miss Young was present at the hearing of the information form and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed a video replay of the final 400-500 metres of the race. He pointed out Miss Young, driving MAYBE FLYIN, being drawn out to a 4-wide position as the field passed the 400 metres. It was the Stewards' allegation, Mr Renault said, that Miss Young had used her whip on 20 occasions from that point to the finishing line which was a clear breach of the Rule, he submitted. Miss Young told the Committee that she agreed with the alleged number of strikes. There were some pauses by Miss Young in her use of the whip but it was the number of strikes that was of concern to the Stewards and that had led to the charge, Mr Renault said.
Miss Young said that she had been caught out by the long straight and that the strikes were not forceful.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Young having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Miss Young has had 5 drives to date in the current season and had 257 drives in the 2015/2016 season. She had breached the Rule on 28 February 2016 and received a fine of $300 but that that charge fell outside of the “reset period” of 6 months. She was accordingly deemed to have a clear record for the purposes assessing of penalty for this breach.
Mr Renault referred to the starting point under the Penalty Guide of a $500 fine and submitted that, taking into account Miss Young’s clear record and her admission of the breach, a fine of $300 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine, as suggested by the Penalty Guide. Miss Young was entitled to a discount for her good record and her admission of the breach. There were no other mitigating factors. There were no aggravating factors.
The Committee determined that Miss Young was entitled to a discount of $200 from the starting point of $500 for the mitigating factors referred to. There were no aggravating factors.
penalty:
Miss Young was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: J J A Young, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 18e4657764506aa7da01da65e6e6ff97
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: 5376868248fd2b1a250b24f3931745f6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/10/2016
meet_title: Banks Peninsula TC - 2 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC