Archive Decision

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Westport TC 28 December 2019 – R 5 – Chair, Mr D Anderson

ID: JCA17913

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr P Davis - Licensed Open Horseman

Other Person:
Mr P Williams - Stipendiary Steward

Information Number:
A13101

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Rule

Rules:
869(2) and Whip Regulation (b)

Plea:
admitted

Meet Title:
Westport TC - 28 December 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
SChing

Race Date:
2019/12/28

Race Number:
R 5

Decision:

The charge was found proved.

Penalty:

Accordingly, Mr Davis is fined $200.

Facts:

Following the running of Race 5 an Information was filed by Stipendiary Steward, Mr Renault alleging a breach of Rule 869(2) by Open Driver, Mr P Davis. The information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr Davis signed the Information admitting the breach and stated he understood the Rule.

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 Regulation made by the Board.

The Use of Whip Regulation (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 Renault identified Mr Davis driving (7) FIXED ODDS, in a wide position entering the home straight. The Stewards, Mr Davis and the Committee counted 11 clear strikes with the whip in the run to the finishing post

Submissions for Penalty:

Mr Renault alluded to the sliding scale for this breach which requires a fine for a first offence with a clear record.

Reasons for Penalty:

The JCA Penalty Guide provides a sliding scale starting point of a $200 fine for a breach involving 11 strikes mitigation inclusive.

There are no aggravating factors to warrant an uplift from this starting point.

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: fe8172df030a588055ef5a09d13f85c4


informantnumber: A13101


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Rule


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2019


hearing_title: Westport TC 28 December 2019 - R 5 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 5 an Information was filed by Stipendiary Steward, Mr Renault alleging a breach of Rule 869(2) by Open Driver, Mr P Davis. The information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr Davis signed the Information admitting the breach and stated he understood the Rule.

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 Regulation made by the Board.

The Use of Whip Regulation (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 Renault identified Mr Davis driving (7) FIXED ODDS, in a wide position entering the home straight. The Stewards, Mr Davis and the Committee counted 11 clear strikes with the whip in the run to the finishing post


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Renault alluded to the sliding scale for this breach which requires a fine for a first offence with a clear record.


reasonsforpenalty:

The JCA Penalty Guide provides a sliding scale starting point of a $200 fine for a breach involving 11 strikes mitigation inclusive.

There are no aggravating factors to warrant an uplift from this starting point.


penalty:

Accordingly, Mr Davis is fined $200.


hearing_type: Hearing


Rules: 869(2) and Whip Regulation (b)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr P Davis - Licensed Open Horseman


Otherperson: Mr P Williams - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5224cb8fa8e40d0c2ef4b8af641dc7b6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8ff71ef9acd9b261c2f9c8e7122ef0a8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/12/2019


meet_title: Westport TC - 28 December 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: westport-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: SChing


meet_pm2: none


name: Westport TC