Rangiora HRC 18 August 2013 – R 8
ID: JCA16392
Meet Title:
Rangiora HRC - 18 August 2013
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Race Date:
2013/08/18
Race Number:
R8
Decision:
As Mr Chmiel has admitted the breach, it is therefore deemed to be proved.
Penalty:
Mr Chmiel is fined $200.
Charge:
It was alleged that as the driver of "Maddison Hill" Mr T Chmiel used his whip in an excessive manner in the straight.
Facts:
Following the running of the Ohoka Punter Young at Heart Series Mobile Pace (Heat 3), Mr T Chmiel was charged with a breach of Rule 869(2)(a) of the Rules of Harness Racing. In this case the allegation was that Mr Chmiel used his whip excessively.
Mr Chmiel elected not to be present at the hearing of the information.
Mr Zarb demonstrated the incident with the use of video coverage. He said that the Stipendiary Stewards estimated that Mr Chmiel used his whip approximately 22 times in the home straight, which in the Stipendiary Stewards' opinion was too many.
Submissions for Penalty:
Mr Zarb told the hearing that Mr Chmiel is a busy senior horseman who has not been charged with excessive use of the whip in the last 12 months. He submitted that a fine of $200 was sufficient in this case.
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 must then 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 Chmiel has 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: add63a1ed1907b7799fe2b23a8d31392
informantnumber: A1560
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/08/2013
hearing_title: Rangiora HRC 18 August 2013 - R 8
charge:
It was alleged that as the driver of "Maddison Hill" Mr T Chmiel used his whip in an excessive manner in the straight.
facts:
Following the running of the Ohoka Punter Young at Heart Series Mobile Pace (Heat 3), Mr T Chmiel was charged with a breach of Rule 869(2)(a) of the Rules of Harness Racing. In this case the allegation was that Mr Chmiel used his whip excessively.
Mr Chmiel elected not to be present at the hearing of the information.
Mr Zarb demonstrated the incident with the use of video coverage. He said that the Stipendiary Stewards estimated that Mr Chmiel used his whip approximately 22 times in the home straight, which in the Stipendiary Stewards' opinion was too many.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chmiel has admitted the breach, it is therefore deemed to be proved.
sumissionsforpenalty:
Mr Zarb told the hearing that Mr Chmiel is a busy senior horseman who has not been charged with excessive use of the whip in the last 12 months. He submitted that a fine of $200 was sufficient in this case.
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 must then 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 Chmiel has 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 Chmiel is fined $200.
hearing_type: Hearing
Rules: Rule 869 No Horseman shall during any race:-, (2)(a) Use his whip in an unnecessary, excessive or improper manner
Informant: M Zarb - Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2e6ca0fe61d537092c867ac433c3e24d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c56f9310675df6c10a2db5bc556b3941
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/08/2013
meet_title: Rangiora HRC - 18 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: SChing
meet_pm2: none
name: Rangiora HRC