Archive Decision

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Rangiora HRC 7 April 2013 – R 9

ID: JCA16175

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr M Jones - Open Horseman

Information Number:
A1870

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Rangiora HRC - 7 April 2013

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2013/04/07

Race Number:
R9

Decision:

As the charge was admitted it is therefore deemed to be proved.

Penalty:

Mr Jones is fined $200 accordingly.

Charge:

Alleged that M Jones used his whip in an excessive manner over the concluding stages when driving “Jackaroo Bromac”.

The relevant part of Rule 869(2)(a) reads:

“No horseman shall during any race:-

• Use his whip in an unnecessary, excessive or improper manner”

In this case the allegation was that Mr Jones used his whip excessively.

Facts:

Mr Wallis demonstrated the matter that he complained of using video coverage from about the 400 metres point. Mr Jones was leading (and went on to win the race) but in the concluding stages was shown to have used his whip approximately 21 times, which in the opinion of the Stipendiary Stewards was “too much”.

In response, Mr Jones agreed that he had used his whip in the manner described and acknowledged that there were no discernible pauses in his actions. He said that the horse had a habit of “switching off” and that he found it necessary to maintain his whip action in order to ensure that he held his placing.

Submissions for Penalty:

Mr Wallis advised the hearing that Mr Jones had been fined $300 in January 2013 for “unnecessary” use of the whip but that the incident complained of in January was quite different to the matter before us. He said that Mr Jones otherwise has an excellent record. He submitted that a fine of $200 was appropriate.

Reasons for Penalty:

The starting point for the imposition of penalty in terms of the Penalty Guide for a first breach within a year is a fine of $300 or a suspension of 6 drives. We then must look to aggravating and mitigating factors in setting penalty.

In this case there were no aggravating factors which would warrant an uplift on the starting point. There are, however, mitigating factors, in that Mr Jones admitted the breach at the earliest opportunity, and has an excellent record for a busy horseman. Those factors allow us to afford a discount on our starting point, of $100.

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: c5d5c927bb3807661cf695e2615c7612


informantnumber: A1870


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 01/04/2013


hearing_title: Rangiora HRC 7 April 2013 - R 9


charge:

Alleged that M Jones used his whip in an excessive manner over the concluding stages when driving “Jackaroo Bromac”.

The relevant part of Rule 869(2)(a) reads:

“No horseman shall during any race:-

• Use his whip in an unnecessary, excessive or improper manner”

In this case the allegation was that Mr Jones used his whip excessively.


facts:

Mr Wallis demonstrated the matter that he complained of using video coverage from about the 400 metres point. Mr Jones was leading (and went on to win the race) but in the concluding stages was shown to have used his whip approximately 21 times, which in the opinion of the Stipendiary Stewards was “too much”.

In response, Mr Jones agreed that he had used his whip in the manner described and acknowledged that there were no discernible pauses in his actions. He said that the horse had a habit of “switching off” and that he found it necessary to maintain his whip action in order to ensure that he held his placing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Wallis advised the hearing that Mr Jones had been fined $300 in January 2013 for “unnecessary” use of the whip but that the incident complained of in January was quite different to the matter before us. He said that Mr Jones otherwise has an excellent record. He submitted that a fine of $200 was appropriate.


reasonsforpenalty:

The starting point for the imposition of penalty in terms of the Penalty Guide for a first breach within a year is a fine of $300 or a suspension of 6 drives. We then must look to aggravating and mitigating factors in setting penalty.

In this case there were no aggravating factors which would warrant an uplift on the starting point. There are, however, mitigating factors, in that Mr Jones admitted the breach at the earliest opportunity, and has an excellent record for a busy horseman. Those factors allow us to afford a discount on our starting point, of $100.


penalty:

Mr Jones is fined $200 accordingly.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr M Jones - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8d868a83b3942710401b664ed08a638c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b5023cf0bb6d9815ab23169fc31bec5c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/04/2013


meet_title: Rangiora HRC - 7 April 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: Rangiora HRC