Gore HRC 6 May 2017 – R 8 – Chair, Prof G Hall
ID: JCA15363
Meet Title:
Gore HRC - 6 May 2017
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2017/05/06
Race Number:
R 8
Decision:
As Mr Kyle has admitted the breach, we find the breach proved.
Penalty:
Mr Kyle is fined the sum of $300.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Kyle (MAN I’M GOOD) used his whip excessively inside the final 400 metres of race 8, the OSBORNE ROCK SUPPLIES MOBILE PACE.
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 Tidmarsh demonstrated on the videos that the respondent used his whip 28 times from when the field rounded the home bend until the winning post. He said Mr Kyle’s whip motion was continuous and thus in breach of the guidelines despite the fact Mr Kyle had his hands on the reins.
Mr Kyle stated he was confused by the guidelines and believed he was able to use the whip in this manner provided it was with the reins.
Submissions for Penalty:
Mr Kyle has had 23 drives this season and 43 last season. He explained he primarily drove his own team.
Mr Tidmarsh stated the respondent’s record was clear under this rule for the past 12 months and recommended a fine of $400 and, in so doing, emphasised the number of strikes.
Reasons for Penalty:
We have had regard to the starting point in the JCA Penalty Guide of $500. We do not increase the starting point for the number of strikes, principally because the respondent believed, as have a number of drivers charged with a breach of this rule, that he was driving in accordance with the guidelines, as he had his hands on the reins. We give a $100 discount for each of the mitigating factors of admission of the breach and good record.
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: 89bae2016f1877ea095acf58be70e81e
informantnumber: A9363
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2017
hearing_title: Gore HRC 6 May 2017 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Kyle (MAN I’M GOOD) used his whip excessively inside the final 400 metres of race 8, the OSBORNE ROCK SUPPLIES MOBILE PACE.
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 Tidmarsh demonstrated on the videos that the respondent used his whip 28 times from when the field rounded the home bend until the winning post. He said Mr Kyle’s whip motion was continuous and thus in breach of the guidelines despite the fact Mr Kyle had his hands on the reins.
Mr Kyle stated he was confused by the guidelines and believed he was able to use the whip in this manner provided it was with the reins.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kyle has admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr Kyle has had 23 drives this season and 43 last season. He explained he primarily drove his own team.
Mr Tidmarsh stated the respondent’s record was clear under this rule for the past 12 months and recommended a fine of $400 and, in so doing, emphasised the number of strikes.
reasonsforpenalty:
We have had regard to the starting point in the JCA Penalty Guide of $500. We do not increase the starting point for the number of strikes, principally because the respondent believed, as have a number of drivers charged with a breach of this rule, that he was driving in accordance with the guidelines, as he had his hands on the reins. We give a $100 discount for each of the mitigating factors of admission of the breach and good record.
penalty:
Mr Kyle is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr A Kyle - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e7e942db8e2e5c811fbb399a81589cee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1c119bcc07490b9ea6423c020cd1aa8c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/05/2017
meet_title: Gore HRC - 6 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Gore HRC