Invercargill HRC 3 June 2012 – R 9
ID: JCA12270
Meet Title:
Invercargill HRC - 3 June 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
ADennis
Race Date:
2012/06/03
Race Number:
R 9
Decision:
The charge was found to be proved.
Penalty:
Mr McCormick was fined the sum of $150-00.
Charge:
Alleged breach of Rule 869(2)(a).
Facts:
Following the running of Race 9, the Woodlands Motors Ltd Discretionary Handicap Pace, an Information was filed by Stipendiary Steward Mr C. A. Allison against Junior Horseman Mr L. D. McCormick alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) L. McCormick used his whip excessively over the final 400m driving El Nino”.
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 McCormick had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr McCormick is a Junior Horseman, and prior to this hearing he had been assisted by Open Horseman Mr P. M. Hunter before deciding to admit the charge. At the hearing Mr McCormick did not have assistance, but said that he did not need assistance at that stage.
Submissions for Decision:
Mr Allison gave evidence and used video coverage to show that Mr McCormick had used his whip on about 22 occasions over the concluding stages of the race, and that this was deemed to be excessive.
Mr McCormick did not dispute this evidence.
Reasons for Decision:
As Mr McCormick had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Allison advised that Mr McCormick had not previously breached this Rule, and had admitted it. It was also relevant that this breach was assessed as being at the lower end of the scale, being just over what was acceptable. It was also established at the hearing that Mr McCormick has been a Junior Horseman for about 5 years, and will become an Open Horseman at the end of this season. Mr McCormick has never been charged with a breach of the whip Rule, and this is an excellent record.
Mr Allison made submissions that a fine at the lower end of the scale should be imposed in this case.
Mr McCormick had no submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
To Mr McCormick’s credit we took into account that he had admitted this breach, had not previously breached this Rule in his career, and that the breach was considered to be at the lower end of the scale. The Penalty Guide recommends a starting point of a fine of $250-00 for a breach of this Rule, and taking into the account the above matters we were satisfied that a fine of $150-00 should be imposed in this case.
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: 4862403c58a73da0d4fb7479227a31ce
informantnumber: A1301
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Invercargill HRC 3 June 2012 - R 9
charge:
Alleged breach of Rule 869(2)(a).
facts:
Following the running of Race 9, the Woodlands Motors Ltd Discretionary Handicap Pace, an Information was filed by Stipendiary Steward Mr C. A. Allison against Junior Horseman Mr L. D. McCormick alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) L. McCormick used his whip excessively over the final 400m driving El Nino”.
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 McCormick had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr McCormick is a Junior Horseman, and prior to this hearing he had been assisted by Open Horseman Mr P. M. Hunter before deciding to admit the charge. At the hearing Mr McCormick did not have assistance, but said that he did not need assistance at that stage.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison gave evidence and used video coverage to show that Mr McCormick had used his whip on about 22 occasions over the concluding stages of the race, and that this was deemed to be excessive.
Mr McCormick did not dispute this evidence.
reasonsfordecision:
As Mr McCormick had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Allison advised that Mr McCormick had not previously breached this Rule, and had admitted it. It was also relevant that this breach was assessed as being at the lower end of the scale, being just over what was acceptable. It was also established at the hearing that Mr McCormick has been a Junior Horseman for about 5 years, and will become an Open Horseman at the end of this season. Mr McCormick has never been charged with a breach of the whip Rule, and this is an excellent record.
Mr Allison made submissions that a fine at the lower end of the scale should be imposed in this case.
Mr McCormick had no submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
To Mr McCormick’s credit we took into account that he had admitted this breach, had not previously breached this Rule in his career, and that the breach was considered to be at the lower end of the scale. The Penalty Guide recommends a starting point of a fine of $250-00 for a breach of this Rule, and taking into the account the above matters we were satisfied that a fine of $150-00 should be imposed in this case.
penalty:
Mr McCormick was fined the sum of $150-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr C A Allison - Stipendiary Steward
JockeysandTrainer: Mr L D McCormick - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 59075b2ad3a672d2ceab6f5e82c87190
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7b68f842f49bc197d19f68dc71447fab
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/06/2012
meet_title: Invercargill HRC - 3 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: ADennis
meet_pm2: none
name: Invercargill HRC