Archive Decision

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Marlborough HRC 11 January 2013 – R 6

ID: JCA17079

Applicant:
S Renault - Stipendiary Steward

Respondent(s):
B Weaver - Open Horseman

Information Number:
A4952

Hearing Type:
Hearing

Rules:
Rule 869(2)(a), No horseman shall during any race use his whip in an unnecessary, excessive or improper manner

Plea:
admitted

Meet Title:
Marlborough HRC - 11 January 2013

Meet Chair:
KHales

Meet Committee Member 1:
PWilliams

Race Date:
2013/01/11

Race Number:
R6

Decision:

As Mr Weaver has admitted the charge it is therefore deemed to be proved.

Penalty:

Mr Weaver is fined $200.

Charge:

It was alleged that Mr Weaver used his whip in a manner which the Stewards deemed to be excessive.

Facts:

Mr Renault told the hearing that in the home straight that Mr Weaver, using a continuous action, used his whip 22 times. He used the head on camera view to identify Mr Weaver who was running in a 3 wide position. Mr Weaver's horse "Alta Cleopatra" finished 2nd. Mr Renault did say that that nearly all of the strikes were on the shafts of the sulky.

Mr Weaver elected not to be present at the hearing.

Submissions for Penalty:

Mr Renault told the hearing that Mr Weaver has had 650 drives during his career and has not been charged before under this rule. He submitted that a fine of $200 was appropriate.

Reasons for Penalty:

Mr Weaver admitted the charge at an early opportunity. However, he used his whip 22 times, and whilst many of the strikes were on the sulky shafts, and not particularly forceful, the fact of the matter is that 22 strikes is too many, and the charge was properly brought.  The starting point for a breach of this rule is a fine of $300. There are no significant aggravating features which warrant an uplift on the starting point.

We give Mr Weaver credit for his good record. The breach was not the most serious of its kind. Thus taking into these matters as mitigating features we are able to afford a discount of $100 on the starting point of $300.

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: ca232e8995f79c08e00c7ef0613b3599


informantnumber: A4952


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Marlborough HRC 11 January 2013 - R 6


charge:

It was alleged that Mr Weaver used his whip in a manner which the Stewards deemed to be excessive.


facts:

Mr Renault told the hearing that in the home straight that Mr Weaver, using a continuous action, used his whip 22 times. He used the head on camera view to identify Mr Weaver who was running in a 3 wide position. Mr Weaver's horse "Alta Cleopatra" finished 2nd. Mr Renault did say that that nearly all of the strikes were on the shafts of the sulky.

Mr Weaver elected not to be present at the hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Weaver has admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Renault told the hearing that Mr Weaver has had 650 drives during his career and has not been charged before under this rule. He submitted that a fine of $200 was appropriate.


reasonsforpenalty:

Mr Weaver admitted the charge at an early opportunity. However, he used his whip 22 times, and whilst many of the strikes were on the sulky shafts, and not particularly forceful, the fact of the matter is that 22 strikes is too many, and the charge was properly brought.  The starting point for a breach of this rule is a fine of $300. There are no significant aggravating features which warrant an uplift on the starting point.

We give Mr Weaver credit for his good record. The breach was not the most serious of its kind. Thus taking into these matters as mitigating features we are able to afford a discount of $100 on the starting point of $300.


penalty:

Mr Weaver is fined $200.


hearing_type: Hearing


Rules: Rule 869(2)(a), No horseman shall during any race use his whip in an unnecessary, excessive or improper manner


Informant: S Renault - Stipendiary Steward


JockeysandTrainer: B Weaver - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 889afcae511738d8951790b3aa801d6d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 89f826b6a7cea44175056a0a0ef98355


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/01/2013


meet_title: Marlborough HRC - 11 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: PWilliams


meet_pm2: none


name: Marlborough HRC