Banks Peninsula TC 24 November 2013 – R5
ID: JCA16008
Meet Title:
Banks Peninsula TC - 24 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/11/24
Race Number:
R5
Decision:
Miss Young having admitted the breach, the charge was found proved.
Penalty:
Miss Young was fined the sum of $250. Miss Young was issued a warning by the Committee that any further breach of the Rule is likely to result in suspension of her licence.
Facts:
Following the running of Race 5, Famous Grouse Hotel Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Miss J J A Young, alleging a breach of Rule 869 (2) (a) in that, as the driver of RIO BROMAC in the race, she “used her whip excessively in the run home whilst driving RIO BROMAC”.
Miss Young was present at the hearing of the information and she indicated that she denied the breach. She was assisted by Licensed Public Trainer, Mr P D Young.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis showed a video replay of the final 400-500 metres of the race. He pointed out RIO BROMAC, driven by Miss Young, racing outside the leader upon entering the home straight. Miss Young commenced to use her whip shortly thereafter and, in the run to the finishing line, used her whip some 20 times which was, Mr Wallis said, excessive in the Stewards’ view.
The Committee noted that RIO BROMAC finished in 4th placing in the race.
Miss Young and Mr Young agreed with the number of strikes alleged by Mr Wallis.
Submissions for Penalty:
Mr Wallis informed the Committee that Miss Young is a junior driver. She had 68 drives in the 2012/2013 season and has had 18 drives in the current season, prior to today. She had been fined the sum of $175 at the Tuapeka meeting on 27 October 2013 for a breach of the Rule. Mr Wallis referred to the Penalty Guide which suggested a starting point for a second breach of a fine of $500 or a suspension for 10 drives. Having regard to the fact that Miss Young is a junior driver and to her admission of the breach, a fine of $250 was appropriate, Mr Wallis submitted.
Miss Young explained that the breach at the Tuapeka meeting was the first occasion on which she had been charged under the whip Rule.
Miss Young was asked by the Committee if she would like the Committee to consider a term of suspension instead of a fine, if she was not in a position to pay a fine. She indicated that her preference was for a fine.
Reasons for Penalty:
The Committee took into account, in determining penalty, Miss Young’s junior driver status, her frank admission of the breach and, also, that the number of strikes was right on the threshold at which the Stewards prosecute breaches of the Rule. The breach was at the very bottom end of the scale, in the Committee’s view.
The Committee was able to afford Miss Young a discount of $250 for those mitigating factors. There were no aggravating factors.
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: ae81755491a3d9516f1538375b2be929
informantnumber: A2427
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2013
hearing_title: Banks Peninsula TC 24 November 2013 - R5
charge:
facts:
Following the running of Race 5, Famous Grouse Hotel Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Miss J J A Young, alleging a breach of Rule 869 (2) (a) in that, as the driver of RIO BROMAC in the race, she “used her whip excessively in the run home whilst driving RIO BROMAC”.
Miss Young was present at the hearing of the information and she indicated that she denied the breach. She was assisted by Licensed Public Trainer, Mr P D Young.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis showed a video replay of the final 400-500 metres of the race. He pointed out RIO BROMAC, driven by Miss Young, racing outside the leader upon entering the home straight. Miss Young commenced to use her whip shortly thereafter and, in the run to the finishing line, used her whip some 20 times which was, Mr Wallis said, excessive in the Stewards’ view.
The Committee noted that RIO BROMAC finished in 4th placing in the race.
Miss Young and Mr Young agreed with the number of strikes alleged by Mr Wallis.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Young having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Miss Young is a junior driver. She had 68 drives in the 2012/2013 season and has had 18 drives in the current season, prior to today. She had been fined the sum of $175 at the Tuapeka meeting on 27 October 2013 for a breach of the Rule. Mr Wallis referred to the Penalty Guide which suggested a starting point for a second breach of a fine of $500 or a suspension for 10 drives. Having regard to the fact that Miss Young is a junior driver and to her admission of the breach, a fine of $250 was appropriate, Mr Wallis submitted.
Miss Young explained that the breach at the Tuapeka meeting was the first occasion on which she had been charged under the whip Rule.
Miss Young was asked by the Committee if she would like the Committee to consider a term of suspension instead of a fine, if she was not in a position to pay a fine. She indicated that her preference was for a fine.
reasonsforpenalty:
The Committee took into account, in determining penalty, Miss Young’s junior driver status, her frank admission of the breach and, also, that the number of strikes was right on the threshold at which the Stewards prosecute breaches of the Rule. The breach was at the very bottom end of the scale, in the Committee’s view.
The Committee was able to afford Miss Young a discount of $250 for those mitigating factors. There were no aggravating factors.
penalty:
Miss Young was fined the sum of $250. Miss Young was issued a warning by the Committee that any further breach of the Rule is likely to result in suspension of her licence.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: SW Wallis - Stipendiary Steward
JockeysandTrainer: JJA Young Licensed Junior Driver
Otherperson: PD Young - Licensed Public Trainer assisting Ms Young
PersonPresent:
Respondent:
StipendSteward:
raceid: 06179faf8ab5bd59234e66484d75d7de
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: 4d4763cf27980812904819206bb9f10c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/11/2013
meet_title: Banks Peninsula TC - 24 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC