Banks Peninsula TC 24 January 2021- R 5 – Chair, Mr S Ching
ID: JCA17455
Meet Title:
Banks Peninsula TC - 24 January 2021
Meet Chair:
SChing
Race Date:
2021/01/24
Race Number:
R5
Decision:
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Edmonds is fined the sum of $200.
Facts:
Following the running of Race 5, the Walker Davey Searells Accountants Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Mr M Edmonds alleging a breach of Rule 869(2) in that he used his whip free of the rein when driving SENSE OF OCCASION in the run home.
Rule 869(2) reads as follows:
No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Relevant Part of the Whip & Rein Regulations as follows:
WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP-RELEVANT SECTION 3.1 as follows;
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
Mr Edmonds had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Edmonds also acknowledged that he understood the provisions of the charge and the Rule it was brought under.
Mr Renault gave evidence and showed video replays of the race in the final straight. He pointed out Mr Edmonds, driving SENSE OF OCCASION, positioned wide on the track and in contention approaching the 200m. Mr Renault demonstrated on the film that near the 200m, Mr Edmonds showed the horse the whip but then crossed his reins, drew the whip and struck SENCE OF OCCASION on one occasion before reverting back to a compliant style of driving.
Mr Edmonds stated that he showed the horse the whip and without thinking used the whip free of the rein before realising that he was outside the Whip and Rein regulations.
Submissions for Penalty:
Mr Renault stated that Mr Edmonds had a clear record in regard to this Rule. Mr Renault stated that this breach was low-level with the JCA Penalty Guide providing a range of $200 to $400 fine for a first offence of this Rule. He submitted that a fine at the lower end of the Guide be considered as penalty.
Mr Edmonds elected to make no submissions in regard to penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $200 to $400 fine for a first offence low level breach. The Committee determined that this breach was low-level and accordingly adopted a $200 starting point. There were no aggravating factors to consider therefore no uplift in penalty warranted. The Committee therefore determined that an appropriate penalty in this case is a fine of $200.
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: e5ca4306653a450363370cad8e7f5827
informantnumber: A13227
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 25/01/2021
hearing_title: Banks Peninsula TC 24 January 2021- R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Walker Davey Searells Accountants Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Mr M Edmonds alleging a breach of Rule 869(2) in that he used his whip free of the rein when driving SENSE OF OCCASION in the run home.
Rule 869(2) reads as follows:
No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Relevant Part of the Whip & Rein Regulations as follows:
WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP-RELEVANT SECTION 3.1 as follows;
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
Mr Edmonds had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Edmonds also acknowledged that he understood the provisions of the charge and the Rule it was brought under.
Mr Renault gave evidence and showed video replays of the race in the final straight. He pointed out Mr Edmonds, driving SENSE OF OCCASION, positioned wide on the track and in contention approaching the 200m. Mr Renault demonstrated on the film that near the 200m, Mr Edmonds showed the horse the whip but then crossed his reins, drew the whip and struck SENCE OF OCCASION on one occasion before reverting back to a compliant style of driving.
Mr Edmonds stated that he showed the horse the whip and without thinking used the whip free of the rein before realising that he was outside the Whip and Rein regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Edmonds had a clear record in regard to this Rule. Mr Renault stated that this breach was low-level with the JCA Penalty Guide providing a range of $200 to $400 fine for a first offence of this Rule. He submitted that a fine at the lower end of the Guide be considered as penalty.
Mr Edmonds elected to make no submissions in regard to penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $200 to $400 fine for a first offence low level breach. The Committee determined that this breach was low-level and accordingly adopted a $200 starting point. There were no aggravating factors to consider therefore no uplift in penalty warranted. The Committee therefore determined that an appropriate penalty in this case is a fine of $200.
penalty:
Accordingly, Mr Edmonds is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr M Edmonds - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7fca86bffbc2406f23bec4120a399fff
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: ef5c928ce86ee8e7d888678cac117c22
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2021
meet_title: Banks Peninsula TC - 24 January 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Banks Peninsula TC