Amberley TC 6 February 2015 – R 9
ID: JCA16273
Meet Title:
Amberley TC - 6 February 2015
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/02/06
Race Number:
R4
Decision:
As Mr Golding has admitted the charge it is deemed to be proved.
Penalty:
Mr Golding is fined $300.
Facts:
In Race 9, the Davis Ogilvie Ltd Handicap Trot, Mr Golding was the driver of "Harrysul", which finished in 3rd position. It was a close finish with the margin between first & second being a long head, and the margin between second & third being a nose. It was clearly a closely contested finish.
Unfortunately, Mr Golding, a junior driver, in the process of urging his horse forward used his whip at least 23 times in the home straight, and in the last 50 metres, his use of the whip was rapid and vigorous.
Mr Golding acknowledged that as he was a junior driver that he was entitled to have another licence holder attend the hearing with him, but he confirmed to the hearing that he was admitting the charge which was essentially, "clear cut" and did not require another licence holder to be with him.
Mr Golding admitted the number of strikes of the whip and agreed that it was "too much".
Submissions for Penalty:
Mr Ydgren advised the hearing that Mr Golding is a "busy" and successful junior driver. He has had 178 drives in the current season and 17 wins in the process. Mr Ydgren said that Mr Golding was "making his mark" as a successful junior driver.
Mr Golding was fined $250 on 23rd November 2014 at Banks Peninsula on a charge of excessive whip use. He submitted that on this occasion Mr Golding should be fined $300. He noted that Mr Golding had admitted the breach at an early opportunity.
Mr Golding did not take issue with the quantum of the fine submitted by Mr Ydgren. He said that because it was such a close finish to the race that he just got carried away in the final 50 metres, because he was driving a favoured horse and he thought that he had a real chance of winning.
Reasons for Penalty:
This is a second breach of the whip rule by Mr Golding. The Judicial Control Authority's Penalty guide provides for a 10 drive suspension or a $500 fine for a second breach within 12 months.
In this instance, a suspension was not regarded as a penalty option.
We therefore look to the aggravating and mitigating factors in relation to the starting point of a $500 fine.
It is this committee's view that there are no particular aggravating features which would warrant an uplift on our starting point. It was noted that it was only Mr Golding's use of the whip over the last 50 metres of the race, which gave rise to the charge. Up until then his use of the whip was more or less within the Guidelines for Whip Use.
By way of mitigation, Mr Golding conducted himself well in the hearing, and was frank in his admission of the charge, saying that he just got "carried away" in the excitement of possibly winning the race. He clearly regretted his offending. We give him credit for that and also we regard his record as being good, having regard to the number of drives that he has had so far in the current season. The combination of those factors allow us to afford Mr Golding a discount of $200 on our starting point.
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: d2d8873ec248389259baeb5f49c08a6c
informantnumber: A6341
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/02/2015
hearing_title: Amberley TC 6 February 2015 - R 9
charge:
facts:
In Race 9, the Davis Ogilvie Ltd Handicap Trot, Mr Golding was the driver of "Harrysul", which finished in 3rd position. It was a close finish with the margin between first & second being a long head, and the margin between second & third being a nose. It was clearly a closely contested finish.
Unfortunately, Mr Golding, a junior driver, in the process of urging his horse forward used his whip at least 23 times in the home straight, and in the last 50 metres, his use of the whip was rapid and vigorous.
Mr Golding acknowledged that as he was a junior driver that he was entitled to have another licence holder attend the hearing with him, but he confirmed to the hearing that he was admitting the charge which was essentially, "clear cut" and did not require another licence holder to be with him.
Mr Golding admitted the number of strikes of the whip and agreed that it was "too much".
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Golding has admitted the charge it is deemed to be proved.
sumissionsforpenalty:
Mr Ydgren advised the hearing that Mr Golding is a "busy" and successful junior driver. He has had 178 drives in the current season and 17 wins in the process. Mr Ydgren said that Mr Golding was "making his mark" as a successful junior driver.
Mr Golding was fined $250 on 23rd November 2014 at Banks Peninsula on a charge of excessive whip use. He submitted that on this occasion Mr Golding should be fined $300. He noted that Mr Golding had admitted the breach at an early opportunity.
Mr Golding did not take issue with the quantum of the fine submitted by Mr Ydgren. He said that because it was such a close finish to the race that he just got carried away in the final 50 metres, because he was driving a favoured horse and he thought that he had a real chance of winning.
reasonsforpenalty:
This is a second breach of the whip rule by Mr Golding. The Judicial Control Authority's Penalty guide provides for a 10 drive suspension or a $500 fine for a second breach within 12 months.
In this instance, a suspension was not regarded as a penalty option.
We therefore look to the aggravating and mitigating factors in relation to the starting point of a $500 fine.
It is this committee's view that there are no particular aggravating features which would warrant an uplift on our starting point. It was noted that it was only Mr Golding's use of the whip over the last 50 metres of the race, which gave rise to the charge. Up until then his use of the whip was more or less within the Guidelines for Whip Use.
By way of mitigation, Mr Golding conducted himself well in the hearing, and was frank in his admission of the charge, saying that he just got "carried away" in the excitement of possibly winning the race. He clearly regretted his offending. We give him credit for that and also we regard his record as being good, having regard to the number of drives that he has had so far in the current season. The combination of those factors allow us to afford Mr Golding a discount of $200 on our starting point.
penalty:
Mr Golding is fined $300.
hearing_type: Hearing
Rules: Rule 869(2), No horseman shall during any race:-, (a) Use his whip in an unnecessary , excessive or improper manner;
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr S Golding - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e0399344246d6ae82d235efded5e812f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9ba37955e1bf9a01298223140607632e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2015
meet_title: Amberley TC - 6 February 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: Amberley TC