Banks Peninsula TC 22 April 2019 – R 2 – Chair, Mr S Ching
ID: JCA15025
Meet Title:
Banks Peninsula TC - 22 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
OJarvis
Race Date:
2019/04/22
Race Number:
R2
Decision:
As Mr Munro had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Munro is fined the sum of $300.
Facts:
Following the running of Race 2, the Golding At Harcourts Four Seasons Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, Mr B Munro, 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 Munro had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Munro driving SHERRY BABY, positioned mid field and in contention as the field turned for home, near the 400m. Shortly after turning for home and inside the 400m, Mr Munro drew the whip and used it in a fore hand, striking motion on 15 occasions prior to the finish line. Mr Munro did not dispute the number of strikes, Mr Wallis said.
Submissions for Penalty:
Mr Wallis stated that Mr Munro had a clear record in regard to this rule. He stated that the JCA Penalty Guide provided on the sliding scale for a 1st offence, a $300 fine for 14 to 16 strikes. Mr Wallis stated that there were no aggravating factors to consider and submitted that a $300 fine as per the sliding scale be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a $300 fine for a first offence under the sliding scale for 14 to 16 strikes. We agreed with Mr Wallis that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $300 fine was an appropriate penalty in this case.
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: 9be8ff5f9ff3d80b1f25d6b51217f28e
informantnumber: A10844
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)-Whip Regulation (b)
plea: admitted
penaltyrequired: 1
decisiondate: 26/04/2019
hearing_title: Banks Peninsula TC 22 April 2019 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Golding At Harcourts Four Seasons Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, Mr B Munro, 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 Munro had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Munro driving SHERRY BABY, positioned mid field and in contention as the field turned for home, near the 400m. Shortly after turning for home and inside the 400m, Mr Munro drew the whip and used it in a fore hand, striking motion on 15 occasions prior to the finish line. Mr Munro did not dispute the number of strikes, Mr Wallis said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Munro had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Munro had a clear record in regard to this rule. He stated that the JCA Penalty Guide provided on the sliding scale for a 1st offence, a $300 fine for 14 to 16 strikes. Mr Wallis stated that there were no aggravating factors to consider and submitted that a $300 fine as per the sliding scale be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a $300 fine for a first offence under the sliding scale for 14 to 16 strikes. We agreed with Mr Wallis that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr Munro is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: B Munro-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cf9ddbf2aa6ce6f804becb78261a8da6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 577ab47dbc5222deb0d9ad68e3296858
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/04/2019
meet_title: Banks Peninsula TC - 22 April 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