Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Hororata TC 11 February 2018 – R 8 – Chair, Mr R McKenzie

ID: JCA12655

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
J J A Young, Licensed Open Driver

Other Person:
Mr Wadley - Stipendiary Steward

Information Number:
A10159

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2) & Use of the Whip Regulations

Plea:
admitted

Meet Title:
Hororata TC - 11 February 2018

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2018/02/11

Race Number:
R8

Decision:

Ms Young having admitted the charge, the charge was found proved.

Penalty:

Ms Young was fined the sum of $200.

Facts:

Following the running of Race 8, Garrards Horse and Hound Hororata Cup (Handicap Pace), an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Ms J J A Young, alleging that Ms Young, as the driver of CLASINA MARIA in the race, “used her whip in an excessive manner within the last 400 metres”.

Ms Young had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She further indicated that she did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(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.

The Use of the Whip Regulations (effective 30 November 2017) provide:

(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 Renault pointed out on video replays CLASINA MARIA, driven by Ms Young, racing towards the rear of the field passing the 400 metres. After entering the home straight, Miss Young angled for a run to the inside of runners and, from about the 200 metres, she commenced using her whip and used it on eleven occasions to the finishing line. Her use of the whip was not continuous, Mr Renault said, as CLASINA MARIA had been held up for a number of strides inside the final 100 metres. The Committee noted that CLASINA MARIA finished in 3rd placing.

Submissions for Penalty:

Mr Wadley, Stipendiary Steward, informed the Committee that Ms Young has had 72 drives in the current season to date. Last season she had a total of 258 drives. A previous breach of the whip Rule on 12 February 2017, was well outside the “reset period” of 6 months, Mr Wadley said. Mr Wadley referred to the sliding scale of penalties provided in the Use of the Whip Regulations and submitted that a fine of $200 was an appropriate penalty.

Reasons for Penalty:

In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is deemed to be, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case and no mitigating factors warranting a discount.

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: 44d797e16c40d8af5adcfffbff9e6b26


informantnumber: A10159


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 14/02/2018


hearing_title: Hororata TC 11 February 2018 - R 8 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 8, Garrards Horse and Hound Hororata Cup (Handicap Pace), an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Ms J J A Young, alleging that Ms Young, as the driver of CLASINA MARIA in the race, “used her whip in an excessive manner within the last 400 metres”.

Ms Young had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She further indicated that she did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(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.

The Use of the Whip Regulations (effective 30 November 2017) provide:

(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 Renault pointed out on video replays CLASINA MARIA, driven by Ms Young, racing towards the rear of the field passing the 400 metres. After entering the home straight, Miss Young angled for a run to the inside of runners and, from about the 200 metres, she commenced using her whip and used it on eleven occasions to the finishing line. Her use of the whip was not continuous, Mr Renault said, as CLASINA MARIA had been held up for a number of strides inside the final 100 metres. The Committee noted that CLASINA MARIA finished in 3rd placing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Young having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Wadley, Stipendiary Steward, informed the Committee that Ms Young has had 72 drives in the current season to date. Last season she had a total of 258 drives. A previous breach of the whip Rule on 12 February 2017, was well outside the “reset period” of 6 months, Mr Wadley said. Mr Wadley referred to the sliding scale of penalties provided in the Use of the Whip Regulations and submitted that a fine of $200 was an appropriate penalty.


reasonsforpenalty:

In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is deemed to be, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case and no mitigating factors warranting a discount.


penalty:

Ms Young was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2) & Use of the Whip Regulations


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: J J A Young, Licensed Open Driver


Otherperson: Mr Wadley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e025a9a0f6f0ef8adca5ab4f1e454a0f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d2b92bbf52eee6bdfe4b471ac99c2d6b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/02/2018


meet_title: Hororata TC - 11 February 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hororata-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Hororata TC