Archive Decision

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Marlborough HRC 20 January 2019 – R 9 – Chair, Mr P Williams

ID: JCA15827

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Ms J Young - Open Horsewoman

Information Number:
A 11358

Hearing Type:
Hearing

New Charge:
Contravention of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
Marlborough HRC - 20 January 2019

Meet Chair:
PWilliams

Meet Committee Member 1:
DAnderson

Race Date:
2019/01/20

Race Number:
R 9

Decision:

As Ms Young has admitted the breach the Committee finds the charge proved.

Penalty:

Ms Young is fined $200.

Facts:

Following the running of Race 9, the “2019 Summer Festival Marlborough Cup Handicap Pace”, Information A11358 was filed by Stipendiary Steward Mr S Renault against Open Horsewoman Ms J Young alleging “J Young (Clasina Maria) used her whip on more occasions than permitted by clause (b) of the Use of Whip Regulations”.  Ms Young signed the Information indicating she admitted the breach and also that she did not wish to be present at the hearing of the Information.

Rule 869 states:

(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.

The “Use of the Whip Regulations” 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".

Using the available films from the 400m point Mr Renault highlighted Ms Young driving “Clasina Maria” 3 back on the rail. He said from that point Ms Young used her whip 13 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.

Submissions for Penalty:

Mr Renault said Ms Young had a clear record in relation to this Rule. He said the starting point for a first breach was a fine of $200 and it was the RIU’s submission that a fine of that amount was an appropriate penalty.

Reasons for Penalty:

The Committee has reviewed the film of the final 400m of the Race. Ms Young has used her whip in a striking motion 13 times. That number of strikes means we classify the severity of the breach in the low-range. The Committee notes this is Ms Young’s first breach in contravention of the Use of Whip Regulations. The starting point penalty for today’s low-range breach is a fine of $200 which the Committee considers to be mitigation inclusive. Taking into account all of the above we consider that level of fine is an appropriate penalty on this occasion.

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: d81393164168fecd3155f55c2efc340e


informantnumber: A 11358


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 21/01/2019


hearing_title: Marlborough HRC 20 January 2019 - R 9 - Chair, Mr P Williams


charge:


facts:

Following the running of Race 9, the “2019 Summer Festival Marlborough Cup Handicap Pace”, Information A11358 was filed by Stipendiary Steward Mr S Renault against Open Horsewoman Ms J Young alleging “J Young (Clasina Maria) used her whip on more occasions than permitted by clause (b) of the Use of Whip Regulations”.  Ms Young signed the Information indicating she admitted the breach and also that she did not wish to be present at the hearing of the Information.

Rule 869 states:

(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.

The “Use of the Whip Regulations” 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".

Using the available films from the 400m point Mr Renault highlighted Ms Young driving “Clasina Maria” 3 back on the rail. He said from that point Ms Young used her whip 13 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Young has admitted the breach the Committee finds the charge proved.

sumissionsforpenalty:

Mr Renault said Ms Young had a clear record in relation to this Rule. He said the starting point for a first breach was a fine of $200 and it was the RIU’s submission that a fine of that amount was an appropriate penalty.


reasonsforpenalty:

The Committee has reviewed the film of the final 400m of the Race. Ms Young has used her whip in a striking motion 13 times. That number of strikes means we classify the severity of the breach in the low-range. The Committee notes this is Ms Young’s first breach in contravention of the Use of Whip Regulations. The starting point penalty for today’s low-range breach is a fine of $200 which the Committee considers to be mitigation inclusive. Taking into account all of the above we consider that level of fine is an appropriate penalty on this occasion.


penalty:

Ms Young is fined $200.

hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Ms J Young - Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ce74aeecaf49e75d1368993a2b7aa3d3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0d648cb8141aa25f37e13f2898e28f51


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/01/2019


meet_title: Marlborough HRC - 20 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: DAnderson


meet_pm2: none


name: Marlborough HRC