Kapiti Coast HRC 2 February 2020 – R 2 – Chair, Mr T Utikere
ID: JCA12336
Meet Title:
Kapiti Coast HRC - 2 February 2020
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2020/02/02
Race Number:
R2
Decision:
As the charge was admitted, the Committee proceed on the basis that it is proved.
Penalty:
Mr Dickson is fined $200.
Facts:
Following the running of Race 2 (THE ANCHORAGE @ WAITARERE BEACH NZ MOBILE PACE 2000m) Information A11701 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Dickson "when driving ONEDIN PUNTER over the final 400 metres used his whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations". Mr Dickson acknowledged that he understood the Rule and Regulations and that he admitted the breach.
Rule 869(2) states: "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."
Using the side-on film Mr Mulcay identified ONEDIN PUNTER approaching the 400 metres. It had shifted ground in an attempt to gain better running, with Mr Dickson driving with a free hand. Mr Mulcay submitted that he had struck his horse 12 to 13 times.
Mr Dickson believed the film to be clear, and told the Committee that the long straight had caught him out as he was minded to win as his horse was positioned so close to winning the race.
Submissions for Penalty:
Mr Mulcay identified that the Respondent had a clear record as the previous breach was at this meeting 12 months ago. He submitted the breach as one that sat at the low-end.
When invited to make submissions, Mr Dickson said that with regard to penalty “it is what it is”.
Reasons for Penalty:
It is clear from the side-on film that Mr Dickson used his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. The JCA Penalty Guide identifies a starting point for a breach of this nature as a $200 fine. While Mr Dickson may believe that the quantum of penalty is a foregone conclusion, this is not the case. Committees may impose a penalty outside of the sliding scale if circumstances warrant it. With reference to the circumstances of the current breach, the Committee notes the Respondent's early admission and his record, and sees no reason to deviate from what is identified within the sliding scale.
JCA Decision Fields (raw)
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hearingid: 4fb2538dc7ed6ec2887bfe6b39501df8
informantnumber: A11701
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 02/02/2020
hearing_title: Kapiti Coast HRC 2 February 2020 - R 2 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 2 (THE ANCHORAGE @ WAITARERE BEACH NZ MOBILE PACE 2000m) Information A11701 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Dickson "when driving ONEDIN PUNTER over the final 400 metres used his whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations". Mr Dickson acknowledged that he understood the Rule and Regulations and that he admitted the breach.
Rule 869(2) states: "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."
Using the side-on film Mr Mulcay identified ONEDIN PUNTER approaching the 400 metres. It had shifted ground in an attempt to gain better running, with Mr Dickson driving with a free hand. Mr Mulcay submitted that he had struck his horse 12 to 13 times.
Mr Dickson believed the film to be clear, and told the Committee that the long straight had caught him out as he was minded to win as his horse was positioned so close to winning the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee proceed on the basis that it is proved.
sumissionsforpenalty:
Mr Mulcay identified that the Respondent had a clear record as the previous breach was at this meeting 12 months ago. He submitted the breach as one that sat at the low-end.
When invited to make submissions, Mr Dickson said that with regard to penalty “it is what it is”.
reasonsforpenalty:
It is clear from the side-on film that Mr Dickson used his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. The JCA Penalty Guide identifies a starting point for a breach of this nature as a $200 fine. While Mr Dickson may believe that the quantum of penalty is a foregone conclusion, this is not the case. Committees may impose a penalty outside of the sliding scale if circumstances warrant it. With reference to the circumstances of the current breach, the Committee notes the Respondent's early admission and his record, and sees no reason to deviate from what is identified within the sliding scale.
penalty:
Mr Dickson is fined $200.
hearing_type: Hearing
Rules: Rule 869(2) and Use of Whip Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr S Dickson - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cc293ffe98446cb251cc1482574c9899
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1c508252bab131a3c763a9e1366a3f4f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/02/2020
meet_title: Kapiti Coast HRC - 2 February 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Kapiti Coast HRC