Archive Decision

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NZ Metro TC 30 August 2020 – R 9 – Chair, Mr R McKenzie

ID: JCA17003

Applicant:
P Williams, Stipendiary Steward

Respondent(s):
J J A Young-Grant, Licensed Open Driver

Information Number:
A13189

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2)& Use of the Whip Regulations

Plea:
admitted

Meet Title:
NZ Metro TC - 30 August 2020

Meet Chair:
RMcKenzie

Race Date:
2020/08/30

Race Number:
R9

Decision:

Mrs Young-Grant having admitted the breach, the charge was found proved.

Penalty:

Mrs Young-Grant is fined the sum of $200.

Facts:

Following the running of Race 9, Allied Security Handicap Trot, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mrs J J A Young-Grant, alleging that Mrs Young-Grant, as the driver of SHE’S ALL THE CRAZE, in the race, “used her whip on more occasions than is permitted [by Clause (b) of the Use of the Whip Regulations] inside the final 400 metres”.

Mrs Young-Grant had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and she confirmed that she admitted the breach.

Rule 869 provides as follows:

(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 Whip Regulations (effective from 30 November 2017) 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.

Mr Williams showed a video replay of the final 400 metres of the race. He pointed out SHE’S ALL THE CRAZE, driven by Mrs Young-Grant, racing in 5th position and three places back on the markers as the field neared the home turn. Shortly thereafter, Mrs Young-Grant angled her horse to be the widest of the five runners and finished on into 4th placing. Mr Williams alleged that Mrs Young-Grant had used her whip 12 times from the 400 metres to the finishing line.

Mrs Young-Grant said that she accepted the alleged count of 12. She explained that she was trying to become accustomed to the new use of whip regulations which are to come into force shortly. However, she had omitted to count her strikes, she said. She had the reins in her hands at all times and the strikes were not forceful, she submitted. 

Submissions for Penalty:

Mr Williams told the Committee that Mrs Young-Grant has a clear record. She has had 16 drives this season and, in the 2019/2020 season, she had 159 drives.

Mr Williams referred to the Penalty Guide which prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13. 

Reasons for Penalty:

The Committee noted the penalty prescribed by the Penalty Guide.

There were no factors that might have been considered as aggravating, and there were no relevant mitigating factors. This breach was low-end.

It is appropriate to impose a fine in terms of the Penalty Guide in the regulations.

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: bfa9ba4522fdff3da58c7e1ef0fa81e2


informantnumber: A13189


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 01/09/2020


hearing_title: NZ Metro TC 30 August 2020 - R 9 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 9, Allied Security Handicap Trot, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mrs J J A Young-Grant, alleging that Mrs Young-Grant, as the driver of SHE’S ALL THE CRAZE, in the race, “used her whip on more occasions than is permitted [by Clause (b) of the Use of the Whip Regulations] inside the final 400 metres”.

Mrs Young-Grant had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and she confirmed that she admitted the breach.

Rule 869 provides as follows:

(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 Whip Regulations (effective from 30 November 2017) 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.

Mr Williams showed a video replay of the final 400 metres of the race. He pointed out SHE’S ALL THE CRAZE, driven by Mrs Young-Grant, racing in 5th position and three places back on the markers as the field neared the home turn. Shortly thereafter, Mrs Young-Grant angled her horse to be the widest of the five runners and finished on into 4th placing. Mr Williams alleged that Mrs Young-Grant had used her whip 12 times from the 400 metres to the finishing line.

Mrs Young-Grant said that she accepted the alleged count of 12. She explained that she was trying to become accustomed to the new use of whip regulations which are to come into force shortly. However, she had omitted to count her strikes, she said. She had the reins in her hands at all times and the strikes were not forceful, she submitted. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mrs Young-Grant having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Williams told the Committee that Mrs Young-Grant has a clear record. She has had 16 drives this season and, in the 2019/2020 season, she had 159 drives.

Mr Williams referred to the Penalty Guide which prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13. 


reasonsforpenalty:

The Committee noted the penalty prescribed by the Penalty Guide.

There were no factors that might have been considered as aggravating, and there were no relevant mitigating factors. This breach was low-end.

It is appropriate to impose a fine in terms of the Penalty Guide in the regulations.


penalty:

Mrs Young-Grant is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)& Use of the Whip Regulations


Informant: P Williams, Stipendiary Steward


JockeysandTrainer: J J A Young-Grant, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a47e12d0e3df6cb32eec74b93bea485a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


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meetid: abd6323c0d7d9a7dcffb6d54520630c9


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meetdate: 30/08/2020


meet_title: NZ Metro TC - 30 August 2020


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tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: none


meet_pm2: none


name: NZ Metro TC