Banks Peninsula TC 29 December 2020 – R 3 – Chair, Mr S Ching
ID: JCA16492
Meet Title:
Banks Peninsula TC - 29 December 2020
Meet Chair:
SChing
Race Date:
2020/12/29
Race Number:
R3
Decision:
As Mr Holmes had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Holmes is fined the sum of $200.
Facts:
Following the running of Race 3, the Ben Skelton Fencing & Landscaping Pace, an Information was filed by Stipendiary Steward, Mr V Munro against Licensed Open Driver, Mr R Holmes alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by the Whip and Rein Regulations.
Rule 869(2) reads as follows:
869 (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.
Relevant Part of the Whip & Rein Regulations as follows:
WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a
rein in each hand with the tip of the whip pointed forward in an action which
does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder
when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the
racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes clause 3.3 a driver shall be deemed to have used the whip in
an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
3.4.2 If the whip is applied excessively, continuously, or without allowing the
horse time to respond.
3.4.3 If the whip is applied when the horse:
3.4.3.1 is not visibly responding.
3.4.3.2 is not in contention.
3.4.3.3 cannot maintain or improve its position.
3.4.3.4 is clearly winning.
3.4.3.5 has passed the winning post at the finish of a race.
3.4.4 If the whip is used when the reins are lengthened so as to result in
loose reining.
3.4.5 If the whip is used in a prodding or jabbing fashion.
3.5 A driver must not use the whip in a manner which causes injury to a horse.
3.6 A whip shall not be used in a manner that may obstruct, strike or endanger
another driver or horse.
3.7 A driver must ensure a whip does not project outside his or her sulky.
Mr Holmes had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Holmes also acknowledged that he understood the provisions of the charge and the Rule it was brought under.
Mr Munro, with the assistance of General Manager of Stewards, Mr N McIntyre, gave evidence and showed video replays of the run home. He pointed out Mr Holmes, driving EMMAS BOY, positioned in contention as the field passed the 200m. Mr McIntyre demonstrated on the films Mr Holmes cross his reins and use the whip in a flicking motion on 7 occasions prior to the line. Mr Munro stated that the reason Mr Holmes was being charged was because he crossed his reins and used the whip free of the rein.
Mr Holmes stated that he got carried away and temporarily forgot the new Regulations, reverting back to the old style of whip use.
Submissions for Penalty:
Mr Munro stated that Mr Holmes driving statistics showed 137 drives so far this season with 281 drives recorded for last season. He added that Mr Holmes had a clear record over the previous 6 months, and this offence therefore could be treated was a first breach of the penalty guide. Mr Munro stated that this breach was low level and submitted that a penalty in recognition of a low-level breach be considered as penalty.
Mr Holmes elected to make no submissions in regard to penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, on the New Whip and Rein Regulation for a first offence of this Rule. The Committee deemed that this breach was low level and considered there were no aggravating factors to consider. It was therefore determined that a fine of $200 was an appropriate penalty in this case.
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: bb9a32d5fcbc82e22ac5ba9d96088cb5
informantnumber: A13288
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2020
hearing_title: Banks Peninsula TC 29 December 2020 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Ben Skelton Fencing & Landscaping Pace, an Information was filed by Stipendiary Steward, Mr V Munro against Licensed Open Driver, Mr R Holmes alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by the Whip and Rein Regulations.
Rule 869(2) reads as follows:
869 (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.
Relevant Part of the Whip & Rein Regulations as follows:
WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a
rein in each hand with the tip of the whip pointed forward in an action which
does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder
when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the
racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes clause 3.3 a driver shall be deemed to have used the whip in
an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
3.4.2 If the whip is applied excessively, continuously, or without allowing the
horse time to respond.
3.4.3 If the whip is applied when the horse:
3.4.3.1 is not visibly responding.
3.4.3.2 is not in contention.
3.4.3.3 cannot maintain or improve its position.
3.4.3.4 is clearly winning.
3.4.3.5 has passed the winning post at the finish of a race.
3.4.4 If the whip is used when the reins are lengthened so as to result in
loose reining.
3.4.5 If the whip is used in a prodding or jabbing fashion.
3.5 A driver must not use the whip in a manner which causes injury to a horse.
3.6 A whip shall not be used in a manner that may obstruct, strike or endanger
another driver or horse.
3.7 A driver must ensure a whip does not project outside his or her sulky.
Mr Holmes had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Holmes also acknowledged that he understood the provisions of the charge and the Rule it was brought under.
Mr Munro, with the assistance of General Manager of Stewards, Mr N McIntyre, gave evidence and showed video replays of the run home. He pointed out Mr Holmes, driving EMMAS BOY, positioned in contention as the field passed the 200m. Mr McIntyre demonstrated on the films Mr Holmes cross his reins and use the whip in a flicking motion on 7 occasions prior to the line. Mr Munro stated that the reason Mr Holmes was being charged was because he crossed his reins and used the whip free of the rein.
Mr Holmes stated that he got carried away and temporarily forgot the new Regulations, reverting back to the old style of whip use.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Holmes had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Munro stated that Mr Holmes driving statistics showed 137 drives so far this season with 281 drives recorded for last season. He added that Mr Holmes had a clear record over the previous 6 months, and this offence therefore could be treated was a first breach of the penalty guide. Mr Munro stated that this breach was low level and submitted that a penalty in recognition of a low-level breach be considered as penalty.
Mr Holmes elected to make no submissions in regard to penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, on the New Whip and Rein Regulation for a first offence of this Rule. The Committee deemed that this breach was low level and considered there were no aggravating factors to consider. It was therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Holmes is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr R Holmes - Licensed Open Driver
Otherperson: Mr N McIntyre - Chairman of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 939d29866dfa11e59f297885f34ef1e3
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race_title: R3
submittochair:
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meetdate: 29/12/2020
meet_title: Banks Peninsula TC - 29 December 2020
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meet_racingtype: harness-racing
meet_chair: SChing
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name: Banks Peninsula TC