Archive Decision

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Nelson HRC 8 January 2012 – R 5

ID: JCA17309

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
J R Dunn, Licensed Open Horseman

Information Number:
A5490

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Nelson HRC - 8 January 2012

Meet Chair:
RMcKenzie

Meet Committee Member 1:
PWilliams

Race Date:
2012/01/08

Race Number:
R5

Decision:

Mr Dunn having admitted the breach, the breach was found proved. 

Penalty:

Mr Dunn was fined the sum of $200.

Charge:

Excessive use of the whip. 

Facts:

Following the running of Race 5, Paul Stephens Panel & Paint/Elite Cleaning Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr J R Dunn, alleging a breach of Rule 869 (2) (a) in that Mr Dunn, as the driver of FAT PROPHET in the race, “used his whip in a manner which Stewards deem to be excessive”.

Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren informed the Committee that Mr Dunn did not wish to be present at the hearing of the information.

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

Submissions for Decision:

Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out Mr Dunn on FAT PROPHET racing outside the leader turning into the home straight. He said that the Stewards were alleging that Mr Dunn had used his whip on approximately 20 occasions in the home straight with one, maybe two pauses. This was borne out by the video evidence. 

Submissions for Penalty:

Mr Dunn had a clear record under the particular Rule, Mr Ydgren said. He submitted that a fine of $200 was appropriate. 

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Dunn’s admission of the breach and his previous good record. The Committee regarded the breach as being mid-range at worst. Taking those matters into account the Committee decided that a fine of $200 was appropriate. The Committee accepted that a fine of that amount was the usual penalty for a breach of the Rule in a case where the breach was admitted and the driver’s record was clear.

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: f709c027374cc558d310ed81cdea3c4b


informantnumber: A5490


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 01/01/2012


hearing_title: Nelson HRC 8 January 2012 - R 5


charge:

Excessive use of the whip. 


facts:

Following the running of Race 5, Paul Stephens Panel & Paint/Elite Cleaning Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr J R Dunn, alleging a breach of Rule 869 (2) (a) in that Mr Dunn, as the driver of FAT PROPHET in the race, “used his whip in a manner which Stewards deem to be excessive”.

Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren informed the Committee that Mr Dunn did not wish to be present at the hearing of the information.

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out Mr Dunn on FAT PROPHET racing outside the leader turning into the home straight. He said that the Stewards were alleging that Mr Dunn had used his whip on approximately 20 occasions in the home straight with one, maybe two pauses. This was borne out by the video evidence. 


reasonsfordecision:


Decision:

Mr Dunn having admitted the breach, the breach was found proved. 


sumissionsforpenalty:

Mr Dunn had a clear record under the particular Rule, Mr Ydgren said. He submitted that a fine of $200 was appropriate. 


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Dunn’s admission of the breach and his previous good record. The Committee regarded the breach as being mid-range at worst. Taking those matters into account the Committee decided that a fine of $200 was appropriate. The Committee accepted that a fine of that amount was the usual penalty for a breach of the Rule in a case where the breach was admitted and the driver’s record was clear.


penalty:

Mr Dunn was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: J R Dunn, Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1f3920d6a9e4a50c0c714731bb03a915


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fe7ca35f43d2003781f26bd8230053a5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/01/2012


meet_title: Nelson HRC - 8 January 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nelson-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: PWilliams


meet_pm2: none


name: Nelson HRC