Banks Peninsula TC 25 November 2012 – R 3
ID: JCA13661
Meet Title:
Banks Peninsula TC - 25 November 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/11/25
Race Number:
R3
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we gave our reasons and advised that Ms Beagley was fined the sum of $150.
Charge:
Breach of Rule 869(2)(a)-unnecessary use of the whip.
Facts:
Following the running of Race 3, the Joan & Peter Cocks Mobile Pace, an Information was filed by Stipendiary Steward Miss P Kinsey against Advanced Amateur Horsewoman Ms L Beagley alleging a breach of Rule 869(2)(a) in that she used her whip in an unnecessary manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an unnecessary manner when driving “Delma’s McArdle” 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.”
Submissions for Decision:
Ms Beagley had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Miss Kinsey gave evidence and used video coverage, to show that Ms Beagley’s horse was well back and not in contention over the concluding stages when Ms Beagley used her whip on at least 10 occasions in the run home.
Ms Beagley did not dispute the number of strikes submitted by Miss Kinsey and agreed that she should not have used the whip on “Delma’s McArdle” when the horse had no reasonable chance of finishing in a stake or dividend bearing place.
Reasons for Decision:
As Ms Beagley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Miss Kinsey advised that Ms Beagley had not previously breached this Rule and had readily admitted the breach at the first opportunity. Miss Kinsey submitted that the offending was at the lower end of the scale and submitted that a fine of between $150 and $200 be considered.
Ms Beagley in submissions stated her good record should be taken into consideration and that the fine should reflect that.
We adjourned to consider the question of penalty.
Reasons for Penalty:
We took into account that Ms Beagley had readily admitted this breach, had a clear record in regard to this Rule and that the offending was at the lower end of the scale. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $150 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: 5580a84cc320295f7e3a6234074270f1
informantnumber: A5580
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: Banks Peninsula TC 25 November 2012 - R 3
charge:
Breach of Rule 869(2)(a)-unnecessary use of the whip.
facts:
Following the running of Race 3, the Joan & Peter Cocks Mobile Pace, an Information was filed by Stipendiary Steward Miss P Kinsey against Advanced Amateur Horsewoman Ms L Beagley alleging a breach of Rule 869(2)(a) in that she used her whip in an unnecessary manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an unnecessary manner when driving “Delma’s McArdle” 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.”
appealdecision:
isappeal:
submissionsfordecision:
Ms Beagley had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Miss Kinsey gave evidence and used video coverage, to show that Ms Beagley’s horse was well back and not in contention over the concluding stages when Ms Beagley used her whip on at least 10 occasions in the run home.
Ms Beagley did not dispute the number of strikes submitted by Miss Kinsey and agreed that she should not have used the whip on “Delma’s McArdle” when the horse had no reasonable chance of finishing in a stake or dividend bearing place.
reasonsfordecision:
As Ms Beagley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Miss Kinsey advised that Ms Beagley had not previously breached this Rule and had readily admitted the breach at the first opportunity. Miss Kinsey submitted that the offending was at the lower end of the scale and submitted that a fine of between $150 and $200 be considered.
Ms Beagley in submissions stated her good record should be taken into consideration and that the fine should reflect that.
We adjourned to consider the question of penalty.
reasonsforpenalty:
We took into account that Ms Beagley had readily admitted this breach, had a clear record in regard to this Rule and that the offending was at the lower end of the scale. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $150 should be imposed in this case.
penalty:
On resuming the hearing we gave our reasons and advised that Ms Beagley was fined the sum of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Miss P Kinsey-Stipendiary Steward
JockeysandTrainer: Ms L Beagley-Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a7e35fb942d2e3e56022f9444ba8366
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ba9f4aff9041900722cd02e9ceb8cdd8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2012
meet_title: Banks Peninsula TC - 25 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC