Banks Peninsula TC 22 January 2012 – R 2
ID: JCA17822
Meet Title:
Banks Peninsula TC - 22 January 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/01/22
Race Number:
R 2
Decision:
As Mr Phillips had admitted the breach it was found to be proved in accordance with Rule 1111(1(d).
Penalty:
Mr Phillips was fined the sum of $400-00. The Committee classified this penalty as “severe” for the purposes of deduction of competition points.
Charge:
Alleged excessive use of the whip.
Facts:
Following the running of Race 2 the World Cup of Amateur Drivers 2012 Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Advanced Amateur Driver Mr S. P. Phillips alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) S. Phillips (Allingoodtime) used his whip in an excessive manner in the run home.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Phillips had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Phillips also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that Mr Phillips had used his whip on about 23 occasions in the run home. Although the use was not overly forceful, there were few pauses, and the use was clearly “too much”.
Mr Phillips said in explanation that it should be taken into account that the race was a heat of the World Cup of Amateur Drivers, and that it was important to finish in the best possible position.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Phillips had been fined $300-00 for a breach of this Rule on 7 October 2011, and also fined $300-00 on 19 January 2012 for a breach of this Rule on the first night of the World Cup of Amateur Drivers’ heats. This being Mr Phillips third breach of this Rule Mr Renault submitted that a fine of between $350-00 and $500-00 should be imposed in this case.
Mr Phillips made submissions that the type of competition should be taken into account when deciding on an appropriate penalty.
We adjourned to consider penalty.
Reasons for Penalty:
We took into account that Mr Phillips’ had admitted the breach. On the other hand we also took into account that this was Mr Phillips third breach of this Rule since October 2011. We also looked at the Penalty Guide and previous penalties imposed in previous similar breaches. Taking into account all these matters we decided that a fine of $400-00 should be imposed in this case.
JCA Decision Fields (raw)
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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: f215fafc8ca8cb5d426fe28d1469eb7b
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Banks Peninsula TC 22 January 2012 - R 2
charge:
Alleged excessive use of the whip.
facts:
Following the running of Race 2 the World Cup of Amateur Drivers 2012 Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Advanced Amateur Driver Mr S. P. Phillips alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) S. Phillips (Allingoodtime) used his whip in an excessive manner in the run home.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Phillips had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Phillips also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that Mr Phillips had used his whip on about 23 occasions in the run home. Although the use was not overly forceful, there were few pauses, and the use was clearly “too much”.
Mr Phillips said in explanation that it should be taken into account that the race was a heat of the World Cup of Amateur Drivers, and that it was important to finish in the best possible position.
reasonsfordecision:
Decision:
As Mr Phillips had admitted the breach it was found to be proved in accordance with Rule 1111(1(d).
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Phillips had been fined $300-00 for a breach of this Rule on 7 October 2011, and also fined $300-00 on 19 January 2012 for a breach of this Rule on the first night of the World Cup of Amateur Drivers’ heats. This being Mr Phillips third breach of this Rule Mr Renault submitted that a fine of between $350-00 and $500-00 should be imposed in this case.
Mr Phillips made submissions that the type of competition should be taken into account when deciding on an appropriate penalty.
We adjourned to consider penalty.
reasonsforpenalty:
We took into account that Mr Phillips’ had admitted the breach. On the other hand we also took into account that this was Mr Phillips third breach of this Rule since October 2011. We also looked at the Penalty Guide and previous penalties imposed in previous similar breaches. Taking into account all these matters we decided that a fine of $400-00 should be imposed in this case.
penalty:
Mr Phillips was fined the sum of $400-00. The Committee classified this penalty as “severe” for the purposes of deduction of competition points.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr SB Phillips - Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ecd45079596b798436a3e021c0a6e85
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 78cc5f5d6301a00a9bcc67278afe9b91
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/01/2012
meet_title: Banks Peninsula TC - 22 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC