Akaroa TC 15 December 2019 – R 5 – Chair, Mr D Anderson
ID: JCA15171
Meet Title:
Akaroa TC - 15 December 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Meet Committee Member 2:
LYong
Race Date:
2019/12/15
Race Number:
R 5
Decision:
The charge was found proved.
Penalty:
The Committee granted a deferment to Miss Mugford’s suspension pursuant to Rule 1106(2).
Accordingly, Miss Mugford’s licence to drive is suspended from the 22nd December 2019 to the 29th December 2019 inclusive.
Meetings encompassed in this suspension are:
22 December at Rangiora
24 December at Ashburton
29 December at Motukarara
Facts:
Following the running of Race 5 an Information was filed by Stipendiary Steward Mr Renault alleging a breach of Rule 869(2) by Junior Driver Miss A Mugford. The information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Miss Mugford signed the information admitting the breach and stated she understood the Rule.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) provide:
(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 Renault identified Miss Mugford driving (9) NIGHT LIGHTS, in the parked position entering the home straight. The Stewards, Miss Mugford and the Committee counted 12 clear strikes with the whip in the run to the finishing post.
Miss Mugford had nothing to add regarding the race film.
Mr Clarke submitted Miss Mugford had broken up her whip use well but was just over the limit adding that this was Miss Mugford’s first winning drive.
Submissions for Penalty:
Mr Renault said Miss Mugford had been charged under the rule on 28th June this year and was fined $200. He said this breach was low level but as it is her second within 6 months, it requires a suspension as per the Penalty Guidelines.
Miss Mugford advised the Committee she was driving her horse on the 20th December at Addington and sought a deferment for that day.
Reasons for Penalty:
The JCA Penalty Guide provides 3 – 5-day suspension for a second or subsequent breach of this rule. The Committee agree this breach to be low level and have adopted a 3-day suspension as a starting point.
There are no aggravating factors to warrant an uplift from this starting point.
As per the Guidelines, whip breaches are mitigation inclusive.
The Committee, after considering these factors, impose a 3-day suspension as 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: 72137d5a02d15791f90e36929e6c1530
informantnumber: A9045
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 17/12/2019
hearing_title: Akaroa TC 15 December 2019 - R 5 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 5 an Information was filed by Stipendiary Steward Mr Renault alleging a breach of Rule 869(2) by Junior Driver Miss A Mugford. The information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Miss Mugford signed the information admitting the breach and stated she understood the Rule.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) provide:
(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 Renault identified Miss Mugford driving (9) NIGHT LIGHTS, in the parked position entering the home straight. The Stewards, Miss Mugford and the Committee counted 12 clear strikes with the whip in the run to the finishing post.
Miss Mugford had nothing to add regarding the race film.
Mr Clarke submitted Miss Mugford had broken up her whip use well but was just over the limit adding that this was Miss Mugford’s first winning drive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault said Miss Mugford had been charged under the rule on 28th June this year and was fined $200. He said this breach was low level but as it is her second within 6 months, it requires a suspension as per the Penalty Guidelines.
Miss Mugford advised the Committee she was driving her horse on the 20th December at Addington and sought a deferment for that day.
reasonsforpenalty:
The JCA Penalty Guide provides 3 – 5-day suspension for a second or subsequent breach of this rule. The Committee agree this breach to be low level and have adopted a 3-day suspension as a starting point.
There are no aggravating factors to warrant an uplift from this starting point.
As per the Guidelines, whip breaches are mitigation inclusive.
The Committee, after considering these factors, impose a 3-day suspension as an appropriate penalty in this case.
penalty:
The Committee granted a deferment to Miss Mugford’s suspension pursuant to Rule 1106(2).
Accordingly, Miss Mugford’s licence to drive is suspended from the 22nd December 2019 to the 29th December 2019 inclusive.
Meetings encompassed in this suspension are:
22 December at Rangiora
24 December at Ashburton
29 December at Motukarara
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Miss A Mugford - Junior Driver
Otherperson: Mr S Clarke - Open Horseman assisting Miss Mugford, Mr P Williams - Stipendiary Steward, Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e60ceeaa03ad8383e78b383a49af18fa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf746e84955379dc37a11f7bad8b06f0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2019
meet_title: Akaroa TC - 15 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: LYong
name: Akaroa TC