Banks Peninsula TC 29 September 2019 – R 4 – Chair, Mr S Ching
ID: JCA14315
Meet Title:
Banks Peninsula TC - 29 September 2019
Meet Chair:
SChing
Meet Committee Member 1:
OJarvis
Race Date:
2019/09/29
Race Number:
R4
Decision:
As Mr Weaver had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Weaver is fined the sum of $200.
Facts:
Following the running of Race 4, the Noel Spicer Memorial Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Licensed Open Horseman, Mr B Weaver, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
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.
Whip Regulation (b) reads as follows;
(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 Weaver had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Weaver also acknowledged that he understood the charge and rule it was brought under.
Mrs Tibbs, with the assistance of Chief Stipendiary Steward, Mr N Ydgren, gave evidence and showed video replays of the run home. She pointed out Mr Weaver driving GOTTA PARTY DOLL, positioned wide on the track and improving as the field passed the 400m. Shortly after turning for home and inside the 400m, Mr Weaver drew the whip and used it in a fore hand, striking motion on 12 occasions prior to the finish line.
Mr Weaver stated he counted 11 strikes but that it did not matter as he was still over the 10-strike limit.
Submissions for Penalty:
Mrs Tibbs stated that Mr Weaver had a clear record in regard to this rule. She stated that the JCA Penalty Guide provided, on the scale for a 1st offence, a $200 fine for 11 to 13 strikes. Mrs Tibbs submitted that a $200 fine as per the sliding scale be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a $200 fine for a first offence under the sliding scale for 11 to 13 strikes, mitigation inclusive. We determined that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $200 fine, as under the sliding scale of penalties, was an appropriate penalty in this case.
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: 73e6038df38e11175c27e1e5dc926198
informantnumber: A11228
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)-Whip Regulation (b)
plea: admitted
penaltyrequired: 1
decisiondate: 30/09/2019
hearing_title: Banks Peninsula TC 29 September 2019 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Noel Spicer Memorial Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Licensed Open Horseman, Mr B Weaver, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
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.
Whip Regulation (b) reads as follows;
(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 Weaver had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Weaver also acknowledged that he understood the charge and rule it was brought under.
Mrs Tibbs, with the assistance of Chief Stipendiary Steward, Mr N Ydgren, gave evidence and showed video replays of the run home. She pointed out Mr Weaver driving GOTTA PARTY DOLL, positioned wide on the track and improving as the field passed the 400m. Shortly after turning for home and inside the 400m, Mr Weaver drew the whip and used it in a fore hand, striking motion on 12 occasions prior to the finish line.
Mr Weaver stated he counted 11 strikes but that it did not matter as he was still over the 10-strike limit.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Weaver had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mrs Tibbs stated that Mr Weaver had a clear record in regard to this rule. She stated that the JCA Penalty Guide provided, on the scale for a 1st offence, a $200 fine for 11 to 13 strikes. Mrs Tibbs submitted that a $200 fine as per the sliding scale be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a $200 fine for a first offence under the sliding scale for 11 to 13 strikes, mitigation inclusive. We determined that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $200 fine, as under the sliding scale of penalties, was an appropriate penalty in this case.
penalty:
Accordingly, Mr Weaver is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: C Tibbs- Stipendiary Steward
JockeysandTrainer: B Weaver-Licensed Open Horseman
Otherperson: Mr N Ydgren - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b38ef603c983c90a400c0ac2f049e1c4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b8601498b765d0ae866f7b77855bca59
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/09/2019
meet_title: Banks Peninsula TC - 29 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: OJarvis
meet_pm2: none
name: Banks Peninsula TC