Archive Decision

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Morrinsville TC 6 January 2013 – R 6

ID: JCA13421

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr S Argue - Senior Horseman

Information Number:
A2381

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Morrinsville TC - 6 January 2013

Meet Chair:
ADooley

Meet Committee Member 1:
JHolloway

Race Date:
2013/01/06

Race Number:
R6

Decision:

As Mr Argue admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a $200 fine on Mr Argue.

Charge:

Following race 6, an information was filed pursuant to Rule 869(2)(a). The informant, Mr Muirhead alleged that Mr Argue used his whip in a manner which Stewards deem to be excessive in the final straight on FAKE RULER

Mr Argue acknowledged that he understood the rule.

Facts:

Mr Muirhead demonstrated the incident by using the available video films. He told the committee that Mr Argue, whilst driving the third place horse FAKE RULER, used his whip excessively by striking his horse approximately 22 times in the final straight.

Mr Argue confirmed that he counted 22 times on the video films.

Submissions for Penalty:

Mr Muirhead produced Mr Argue's record which showed he had a clear record under this rule. He said he should be given credit for his admission of the breach and his clear record. He submitted that the JCA guidelines established a starting point of this nature at 6 drives or $300 fine. He submitted an appropriate penalty would be a $200 fine.

Mr Argue submitted that he accepted a $200 fine would be a fair penalty, although he would prefer it to be lower.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. We reviewed the breach and determined that Mr Argue used his whip approximately 22 times. The mitigating factors are Mr Argue's admission of the breach and his clear record. The aggravating fact was the number of strikes which were outside the guidelines. We assessed the breach as mid range. We referred to the JCA listing on penalties for a similar breach to determine penalty. Taking into account all the above factors we assess an appropriate penalty is a $200 fine.

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: 34eea9ba4f3cc054d1be47f63227ce1d


informantnumber: A2381


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Morrinsville TC 6 January 2013 - R 6


charge:

Following race 6, an information was filed pursuant to Rule 869(2)(a). The informant, Mr Muirhead alleged that Mr Argue used his whip in a manner which Stewards deem to be excessive in the final straight on FAKE RULER

Mr Argue acknowledged that he understood the rule.


facts:

Mr Muirhead demonstrated the incident by using the available video films. He told the committee that Mr Argue, whilst driving the third place horse FAKE RULER, used his whip excessively by striking his horse approximately 22 times in the final straight.

Mr Argue confirmed that he counted 22 times on the video films.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Argue admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Muirhead produced Mr Argue's record which showed he had a clear record under this rule. He said he should be given credit for his admission of the breach and his clear record. He submitted that the JCA guidelines established a starting point of this nature at 6 drives or $300 fine. He submitted an appropriate penalty would be a $200 fine.

Mr Argue submitted that he accepted a $200 fine would be a fair penalty, although he would prefer it to be lower.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. We reviewed the breach and determined that Mr Argue used his whip approximately 22 times. The mitigating factors are Mr Argue's admission of the breach and his clear record. The aggravating fact was the number of strikes which were outside the guidelines. We assessed the breach as mid range. We referred to the JCA listing on penalties for a similar breach to determine penalty. Taking into account all the above factors we assess an appropriate penalty is a $200 fine.


penalty:

Accordingly, we impose a $200 fine on Mr Argue.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr S Argue - Senior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e423d261e8eeef73029baa0b3f9d3967


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4872b34f10d35b0f353e9a1f151bd69f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/01/2013


meet_title: Morrinsville TC - 6 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: morrinsville-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: JHolloway


meet_pm2: none


name: Morrinsville TC