Banks Peninsula TC 17 April 2017 – R 7 – Chair, Mr R McKenzie
ID: JCA14988
Meet Title:
Banks Peninsula TC - 17 April 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/04/17
Race Number:
R7
Decision:
Mr Payne having admitted the breach, the charge was found proved.
Penalty:
Mr Payne was fined the sum of $400.
Facts:
Following the running of Race 7, Lincoln Golden Oldies Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R A Payne, alleging that Mr Payne, as the driver of AWAYOVERNIGHT in the race, “used his whip excessively inside the final 400 metres”.
Mr Payne had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Renault advised the Committee that Mr Payne did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault pointed out on a video replay AWAYOVERNIGHT, driven by Mr Payne racing in the one-one position as the field entered the final straight. From inside the final 400 metres, Stewards were alleging that Mr Payne activated the removable deafeners and then used his whip 18 times free of the rein in the run to the finish. Mr Payne had expressed surprise to the Stewards that the count was so high but, after viewing the video replay, he conceded that he agreed with the count of 18, Mr Renault said.
The Committee noted that AWAYOVERNIGHT finished in 2nd placing.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Payne has had 21 drives this season and had 51 drives in the 2016/2017 season. His record is clear as far as breaches of the rule are concerned, he said.
Mr Payne had expressed to the Stewards a preference for a fine, Mr Renault said. Mr Renault referred to the Penalty Guide starting point of a $500 fine. Whilst Mr Payne should be afforded a discount for his admission of the breach and his good record, Mr Renault submitted, it was an aggravating factor that should be taken into account that the number of strikes in this case (18) was well in excess of the permissible limit.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. However, the Committee accepted Mr Renault’s submission that an uplift in that starting point was appropriate for the high number of whip strikes. We fixed the appropriate uplift at $100. Against that, mitigating factors were Mr Payne’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount from the uplifted starting point in the sum of $200.
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: 9589962142ed9f860beb76017360d4e5
informantnumber: A6288
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/04/2017
hearing_title: Banks Peninsula TC 17 April 2017 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Lincoln Golden Oldies Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R A Payne, alleging that Mr Payne, as the driver of AWAYOVERNIGHT in the race, “used his whip excessively inside the final 400 metres”.
Mr Payne had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Renault advised the Committee that Mr Payne did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault pointed out on a video replay AWAYOVERNIGHT, driven by Mr Payne racing in the one-one position as the field entered the final straight. From inside the final 400 metres, Stewards were alleging that Mr Payne activated the removable deafeners and then used his whip 18 times free of the rein in the run to the finish. Mr Payne had expressed surprise to the Stewards that the count was so high but, after viewing the video replay, he conceded that he agreed with the count of 18, Mr Renault said.
The Committee noted that AWAYOVERNIGHT finished in 2nd placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Payne having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Payne has had 21 drives this season and had 51 drives in the 2016/2017 season. His record is clear as far as breaches of the rule are concerned, he said.
Mr Payne had expressed to the Stewards a preference for a fine, Mr Renault said. Mr Renault referred to the Penalty Guide starting point of a $500 fine. Whilst Mr Payne should be afforded a discount for his admission of the breach and his good record, Mr Renault submitted, it was an aggravating factor that should be taken into account that the number of strikes in this case (18) was well in excess of the permissible limit.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. However, the Committee accepted Mr Renault’s submission that an uplift in that starting point was appropriate for the high number of whip strikes. We fixed the appropriate uplift at $100. Against that, mitigating factors were Mr Payne’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount from the uplifted starting point in the sum of $200.
penalty:
Mr Payne was fined the sum of $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: R A Payne, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4c7e4a794277fc27327980607de6c692
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: 360df2f6e9ceea4b1fb65264c8ee7547
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/04/2017
meet_title: Banks Peninsula TC - 17 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC