Archive Decision

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Wyndham HRC 6 January 2013 – R 8

ID: JCA17924

Applicant:
Mr C Allison - Stipendiary Steward

Respondent(s):
Mr B McLellan - Open Horseman

Information Number:
1341

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Wyndham HRC - 6 January 2013

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2013/01/06

Race Number:
R8

Decision:

As Mr McLellan admitted the breach we find the charge proved. 

Penalty:

We impose a fine of $200. 

Charge:

Mr Allison alleged that Mr McLellan used his whip excessively on his drive FREYBURG in race 8. 

Facts:

Mr Allison demonstrated on the videos that the respondent used the whip some 22 times after straightening for home.  

Submissions for Decision:

Mr Allison said the strikes were not the most forceful but they were repetitive.
Mr McLellan said that he had got caught out by the length of the straight. He said the horse had kept giving and on reflection FREYBURG had not needed that degree of encouragement.

Submissions for Penalty:

Mr Allison produced the respondent’s record, which was clear under this rule. Mr Allison stated he could not recall ever having to talk to Mr McLellan over his use of the whip. He described the breach as lower end, which could be met by a similarly placed fine.
Mr McLellan accepted Mr Allison’s submission.

Reasons for Penalty:

We agree the breach is towards the lower end of the scale. The strikes are regular, but not particularly forceful, and we accept the respondent has under-estimated the length of the straight. The respondent’s record is excellent. He is a busy horseman and he has admitted the breach at the first opportunity.  

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: d7c1769ce0daea6d8dc3b0001f6ad602


informantnumber: 1341


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Wyndham HRC 6 January 2013 - R 8


charge:

Mr Allison alleged that Mr McLellan used his whip excessively on his drive FREYBURG in race 8. 


facts:

Mr Allison demonstrated on the videos that the respondent used the whip some 22 times after straightening for home.  


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison said the strikes were not the most forceful but they were repetitive.
Mr McLellan said that he had got caught out by the length of the straight. He said the horse had kept giving and on reflection FREYBURG had not needed that degree of encouragement.


reasonsfordecision:


Decision:

As Mr McLellan admitted the breach we find the charge proved. 


sumissionsforpenalty:

Mr Allison produced the respondent’s record, which was clear under this rule. Mr Allison stated he could not recall ever having to talk to Mr McLellan over his use of the whip. He described the breach as lower end, which could be met by a similarly placed fine.
Mr McLellan accepted Mr Allison’s submission.


reasonsforpenalty:

We agree the breach is towards the lower end of the scale. The strikes are regular, but not particularly forceful, and we accept the respondent has under-estimated the length of the straight. The respondent’s record is excellent. He is a busy horseman and he has admitted the breach at the first opportunity.  


penalty:

We impose a fine of $200. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr C Allison - Stipendiary Steward


JockeysandTrainer: Mr B McLellan - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: dbc6d193d4a918470285086d4acdbd09


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3f3acaf77d572976ecb8fa421098cb63


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/01/2013


meet_title: Wyndham HRC - 6 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Wyndham HRC