Archive Decision

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Banks Peninsula TC 24 January 2021 – R 7 – Chair, Mr S Ching

ID: JCA12961

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Miss A Cameron-Licensed Junior Driver

Other Person:
Mr M Purvis - Licensed Trainer assisting Miss Cameron

Information Number:
A13229

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 24 January 2021

Meet Chair:
SChing

Race Date:
2021/01/24

Race Number:
R7

Decision:

As Miss Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Miss Cameron is fined the sum of $200.

Facts:

Following the running of Race 7, the Selwyn District Council Junior Drivers Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Junior Driver, Miss A Cameron alleging a breach of Rule 869(2) in that she used his whip in more than a wrist flicking motion in the home straight.

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.

Relevant Part of the Whip & Rein Regulations as follows:

WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP-RELEVANT SECTION 3.1 as follows;

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Miss Cameron had endorsed the Information that the breach was admitted which she confirmed at the hearing. Miss Cameron also acknowledged that she understood the provisions of the charge and the Rule it was brought under.

Miss Cameron was assisted at the hearing by Licensed Trainer, Mr M Purvis.

Mr Renault gave evidence and showed video replays of the race in the final straight. He pointed out Miss Cameron, driving FUN IN THE DARK, positioned widest on the track and in contention approaching the 250m. Mr Renault demonstrated on the film that near the 250m, Miss Cameron used the whip in more than a flicking motion on 4 to 5 occasions. He said that Miss Cameron thereafter drove her horse out in a compliant manner for the remainder of the race.

Miss Cameron and Mr Purvis elected to make no submissions in regard to the incident.

Submissions for Penalty:

Mr Renault stated that Miss Cameron had a clear record in regard to this Rule. He stated that Miss Cameron’s driving statistics showed 58 drives last season and 3 drives to date this season. Mr Renault stated that this breach was low-level with the JCA Penalty Guide providing a range of $200 to $400 fine for a first offence of this Rule. He submitted that a fine at the lower end of the Guide be considered as penalty after taking all factors into consideration.

Miss Cameron and Mr Purvis stated that the submissions by Mr Renault were fair.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a $200 to $400 fine, mitigation inclusive, for a first offence low level breach. The Committee determined that this breach was low-level and after taking all factors into consideration including Miss Cameron’s status as a Junior Driver and her relative inexperience, determined that an appropriate penalty in this case is a fine of $200.

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: 6e81b02bb4ec3839c2e5c3de7fe9ee1a


informantnumber: A13229


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 25/01/2021


hearing_title: Banks Peninsula TC 24 January 2021 - R 7 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the Selwyn District Council Junior Drivers Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Junior Driver, Miss A Cameron alleging a breach of Rule 869(2) in that she used his whip in more than a wrist flicking motion in the home straight.

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.

Relevant Part of the Whip & Rein Regulations as follows:

WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP-RELEVANT SECTION 3.1 as follows;

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Miss Cameron had endorsed the Information that the breach was admitted which she confirmed at the hearing. Miss Cameron also acknowledged that she understood the provisions of the charge and the Rule it was brought under.

Miss Cameron was assisted at the hearing by Licensed Trainer, Mr M Purvis.

Mr Renault gave evidence and showed video replays of the race in the final straight. He pointed out Miss Cameron, driving FUN IN THE DARK, positioned widest on the track and in contention approaching the 250m. Mr Renault demonstrated on the film that near the 250m, Miss Cameron used the whip in more than a flicking motion on 4 to 5 occasions. He said that Miss Cameron thereafter drove her horse out in a compliant manner for the remainder of the race.

Miss Cameron and Mr Purvis elected to make no submissions in regard to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Renault stated that Miss Cameron had a clear record in regard to this Rule. He stated that Miss Cameron’s driving statistics showed 58 drives last season and 3 drives to date this season. Mr Renault stated that this breach was low-level with the JCA Penalty Guide providing a range of $200 to $400 fine for a first offence of this Rule. He submitted that a fine at the lower end of the Guide be considered as penalty after taking all factors into consideration.

Miss Cameron and Mr Purvis stated that the submissions by Mr Renault were fair.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a $200 to $400 fine, mitigation inclusive, for a first offence low level breach. The Committee determined that this breach was low-level and after taking all factors into consideration including Miss Cameron’s status as a Junior Driver and her relative inexperience, determined that an appropriate penalty in this case is a fine of $200.


penalty:

Accordingly, Miss Cameron is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Miss A Cameron-Licensed Junior Driver


Otherperson: Mr M Purvis - Licensed Trainer assisting Miss Cameron


PersonPresent:


Respondent:


StipendSteward:


raceid: ed5df07492b009f2dcd1e4715004db9e


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: ef5c928ce86ee8e7d888678cac117c22


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/01/2021


meet_title: Banks Peninsula TC - 24 January 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: none


meet_pm2: none


name: Banks Peninsula TC