Marlborough HRC 23 June 2019 – R 4 – Chair, Mr S Ching
ID: JCA17295
Meet Title:
Marlborough HRC - 23 June 2019
Meet Chair:
SChing
Meet Committee Member 1:
PWilliams
Race Date:
2019/06/23
Race Number:
R4
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Anderson is fined the sum of $300.
Facts:
Following the running of Race 4, the Grove Tavern Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Graduation Horseman, Mr S Anderson, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip 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.
Whip Regulation (b) reads as follows;
(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 Anderson had endorsed the information that the breach was admitted which he confirmed to the hearing. Mr Anderson also confirmed that he understood the rule and Whip Guideline (b) under which the charge was brought.
Mr Renault gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr R Quirk, of the run home. He pointed out Mr Anderson driving TROMPEUR, positioned 4 wide and midfield, as the field approached the home turn. Inside the 400m, Mr Anderson drew the whip and used it, with rein in hand, on 14 occasions prior to the line.
Mr Anderson did not dispute the number of strikes and said that at least 1 strike was on the shaft, which he acknowledged was still regarded as a strike.
Submissions for Penalty:
Mr Renault stated that Mr Anderson drove infrequently with 4 drives so far this season, 10 drives last season and 6 the season before. He said that Mr Anderson had a clear record in regard to this rule and submitted that a fine, as per the JCA Penalty Guide sliding scale of a 14 to 16 strike offence, which provides a $300 fine, be considered as penalty.
Mr Anderson elected to make no submissions on penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a fine of $300, under the sliding scale, for a 14 to 16 strike offence, under this rule. This Committee found that there were no aggravating factors, therefore no uplift in penalty warranted. We therefore determined that as per the sliding a $300 fine was an appropriate penalty.
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: f56c17646206ca6331bf087937fca8a7
informantnumber: A11421
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 26/06/2019
hearing_title: Marlborough HRC 23 June 2019 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Grove Tavern Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Graduation Horseman, Mr S Anderson, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip 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.
Whip Regulation (b) reads as follows;
(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 Anderson had endorsed the information that the breach was admitted which he confirmed to the hearing. Mr Anderson also confirmed that he understood the rule and Whip Guideline (b) under which the charge was brought.
Mr Renault gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr R Quirk, of the run home. He pointed out Mr Anderson driving TROMPEUR, positioned 4 wide and midfield, as the field approached the home turn. Inside the 400m, Mr Anderson drew the whip and used it, with rein in hand, on 14 occasions prior to the line.
Mr Anderson did not dispute the number of strikes and said that at least 1 strike was on the shaft, which he acknowledged was still regarded as a strike.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Anderson drove infrequently with 4 drives so far this season, 10 drives last season and 6 the season before. He said that Mr Anderson had a clear record in regard to this rule and submitted that a fine, as per the JCA Penalty Guide sliding scale of a 14 to 16 strike offence, which provides a $300 fine, be considered as penalty.
Mr Anderson elected to make no submissions on penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a fine of $300, under the sliding scale, for a 14 to 16 strike offence, under this rule. This Committee found that there were no aggravating factors, therefore no uplift in penalty warranted. We therefore determined that as per the sliding a $300 fine was an appropriate penalty.
penalty:
Accordingly, Mr Anderson is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: S Anderson -Licensed Graduation Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fad476d52197656ee608a67400e3ab5e
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: 6dd4113e690691b80ef60ef4aa3f02f7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/06/2019
meet_title: Marlborough HRC - 23 June 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC