Banks Peninsula TC 14 February 2014 – R 6
ID: JCA14173
Meet Title:
Banks Peninsula TC - 14 February 2014
Meet Chair:
SChing
Meet Committee Member 1:
KHales
Race Date:
2014/02/14
Race Number:
R 6
Decision:
The charge was found to be proved.
Penalty:
Mr Edmonds was fined the sum of $300.
Facts:
Following the running of Race 6, the Wags of Amateur Drivers Handicap Trot , an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman Mr M Edmonds alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner in the run home.
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 Edmonds had indicated on the Information that this breach of the Rules was admitted. Mr Edmonds had also informed the Stewards that he did not wish to be present at the hearing.
Mr Quirk gave evidence and used video coverage to show that Mr Edmonds driving CONTINENTAL HALO used his whip on 22-24 occasions in the run home. Mr Quirk stated that the strikes were not forceful and that most of the strikes were on the sulky not the horse. Mr Quirk said the sheer number of strikes was the reason Mr Edmonds was being charged. Mr Quirk submitted that the level of offending could be described as low-range.
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Quirk advised that Mr Clark had previously breached this Rule on two occasions over the last 6 months, being 20 September 2013 at Rangiora where he received a $200 fine and 24 November 2013 at Banks Peninsula where he received a $250 fine. Mr Quirk stated that Mr Edmonds had admitted the breach at the earliest opportunity and that the breach was at the lower level. He submitted that a minimal monetary penalty be considered as penalty in this case.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we used the starting point of $500 as recommended in the JCA Penalty Guidelines for a 2nd plus breach of the Rule. In mitigation we were able to give Mr Edmonds a discount of $100 for his ready admission of the breach. We were also able to give Mr Edmonds a further discount of $100 for the level of the breach which we determined was low. We therefore decided that a fine of $300 was an appropriate penalty on this occasion.
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: a2ad9cf7e4001cc3caa6ce3f096745ab
informantnumber: A1071
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a) - excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/02/2014
hearing_title: Banks Peninsula TC 14 February 2014 - R 6
charge:
facts:
Following the running of Race 6, the Wags of Amateur Drivers Handicap Trot , an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman Mr M Edmonds alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner in the run home.
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 Edmonds had indicated on the Information that this breach of the Rules was admitted. Mr Edmonds had also informed the Stewards that he did not wish to be present at the hearing.
Mr Quirk gave evidence and used video coverage to show that Mr Edmonds driving CONTINENTAL HALO used his whip on 22-24 occasions in the run home. Mr Quirk stated that the strikes were not forceful and that most of the strikes were on the sulky not the horse. Mr Quirk said the sheer number of strikes was the reason Mr Edmonds was being charged. Mr Quirk submitted that the level of offending could be described as low-range.
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Quirk advised that Mr Clark had previously breached this Rule on two occasions over the last 6 months, being 20 September 2013 at Rangiora where he received a $200 fine and 24 November 2013 at Banks Peninsula where he received a $250 fine. Mr Quirk stated that Mr Edmonds had admitted the breach at the earliest opportunity and that the breach was at the lower level. He submitted that a minimal monetary penalty be considered as penalty in this case.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we used the starting point of $500 as recommended in the JCA Penalty Guidelines for a 2nd plus breach of the Rule. In mitigation we were able to give Mr Edmonds a discount of $100 for his ready admission of the breach. We were also able to give Mr Edmonds a further discount of $100 for the level of the breach which we determined was low. We therefore decided that a fine of $300 was an appropriate penalty on this occasion.
penalty:
Mr Edmonds was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr R Quirk - Stipendiary Steward
JockeysandTrainer: Mr M Edmonds - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 05b17dc24ab1ed6d27ac4a6ead21e766
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4b7c9914b5dbd5939a9fe08096947117
meet_expapproval:
meet_noreport: 0
waitingforpublication: 1
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/02/2014
meet_title: Banks Peninsula TC - 14 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC