Banks Peninsula TC 2 October 2016 – R 5 – Chair, Mr R McKenzie
ID: JCA16652
Meet Title:
Banks Peninsula TC - 2 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/10/02
Race Number:
R5
Decision:
Mr Dunn having admitted the charge, the charge was found proved.
Penalty:
Mr Dunn was fined the sum of $300.
Facts:
Following the running of Race 5, Advanced Joinery Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr D J Dunn, alleging a breach of Rule 869 (2) (a) in that, as the driver of JONTY JAMES in the race, he “used his whip in an excessive manner over the concluding stages when driving JONTY JAMES”.
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach and had endorsed the form and signed “I do not wish to be present”. Mr Renault confirmed 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.
Mr Renault showed a video replay of the final 400-500 metres of the race. He pointed out JONTY JAMES, driven by Mr Dunn, in the lead as the field turned into the home straight. Mr Renault stated that, from that point, the Stewards were alleging that Mr Dunn used his whip 20 times. This submission was borne out by the video replay of the run home. There were some pauses in Mr Dunn’s use of the whip but it was the number of strikes that had resulted in the charge being brought, Mr Renault said. Mr Dunn had commenced using the whip prior to the 400 metres and, because he was still in contention, he continued to use the whip.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Dunn had an excellent record. He had been fined $300 at Nelson on 10 January 2016 for excessive use of the whip. That breach is outside the reset period of 6 months. Mr Renault told the Committee that Mr Dunn has had 89 drives in the current season to date. In the 2015/2016 season he had a total of 1,090 drives. Mr Renault submitted that Mr Dunn should be given credit for that excellent record and his admission of the breach. A fine of $300 was appropriate, Mr Renault submitted.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine, as suggested by the Penalty Guide. Mr Dunn was entitled to a discount for his excellent record and his admission of the breach. There were no other mitigating factors and there were no aggravating factors. The appropriate discount for those mitigating factors is $200.
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: d134c242a586d7cf1c824a6d8365fc46
informantnumber: A8359
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2016
hearing_title: Banks Peninsula TC 2 October 2016 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Advanced Joinery Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr D J Dunn, alleging a breach of Rule 869 (2) (a) in that, as the driver of JONTY JAMES in the race, he “used his whip in an excessive manner over the concluding stages when driving JONTY JAMES”.
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach and had endorsed the form and signed “I do not wish to be present”. Mr Renault confirmed 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.
Mr Renault showed a video replay of the final 400-500 metres of the race. He pointed out JONTY JAMES, driven by Mr Dunn, in the lead as the field turned into the home straight. Mr Renault stated that, from that point, the Stewards were alleging that Mr Dunn used his whip 20 times. This submission was borne out by the video replay of the run home. There were some pauses in Mr Dunn’s use of the whip but it was the number of strikes that had resulted in the charge being brought, Mr Renault said. Mr Dunn had commenced using the whip prior to the 400 metres and, because he was still in contention, he continued to use the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dunn having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Dunn had an excellent record. He had been fined $300 at Nelson on 10 January 2016 for excessive use of the whip. That breach is outside the reset period of 6 months. Mr Renault told the Committee that Mr Dunn has had 89 drives in the current season to date. In the 2015/2016 season he had a total of 1,090 drives. Mr Renault submitted that Mr Dunn should be given credit for that excellent record and his admission of the breach. A fine of $300 was appropriate, Mr Renault submitted.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine, as suggested by the Penalty Guide. Mr Dunn was entitled to a discount for his excellent record and his admission of the breach. There were no other mitigating factors and there were no aggravating factors. The appropriate discount for those mitigating factors is $200.
penalty:
Mr Dunn was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: D J Dunn, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a0ffdb64aaf9fd6240df70d3af78aa52
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: 5376868248fd2b1a250b24f3931745f6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/10/2016
meet_title: Banks Peninsula TC - 2 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC