Banks Peninsula TC 28 January 2018 – R 1 – Chair, Mr S Ching
ID: JCA15398
Meet Title:
Banks Peninsula TC - 28 January 2018
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2018/01/28
Race Number:
R1
Decision:
As Mr Miller had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Miller is fined the sum of $200.
Facts:
Following the running of Race 1, the Dakin Group Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr D Miller, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the final 400m.
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.”
Use of the Whip Guidelines provides:
- The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
- At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Miller had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Miller driving SPEEDY COMMAND inside the 400m, when racing midfield and midtrack. Mr Renault said that after passing the 200m, Mr Miller drew the whip and struck SPEEDY COMMAND, 11 times freehand over the concluding stages. He stated that the strikes were not forceful and described them as mid-range, but the breach was low level, due to being just over the limit of 10.
Submissions for Penalty:
Mr Renault stated that Mr Miller was a highly experienced driver from America and was in New Zealand on a working holiday. He stated that the JCA Penalty Guide provided a $200 fine for a first offence of between 11 to 13 strikes. Mr Renault stated that there were no aggravating factors to consider, and therefore submitted that a fine of $200, as per the sliding scale, be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $200 fine, on the sliding scale, for a first offence with 11 to 13 strikes, mitigation inclusive. We agreed with Mr Renault that there were no aggravating factors to consider and warrant an uplift in penalty. We therefore determined that a $200 was an appropriate penalty in this case.
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: 8d584015887e103b7c060a10bdd98c41
informantnumber: A09891
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 29/01/2018
hearing_title: Banks Peninsula TC 28 January 2018 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Dakin Group Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr D Miller, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the final 400m.
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.”
Use of the Whip Guidelines provides:
- The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
- At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Miller had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Miller driving SPEEDY COMMAND inside the 400m, when racing midfield and midtrack. Mr Renault said that after passing the 200m, Mr Miller drew the whip and struck SPEEDY COMMAND, 11 times freehand over the concluding stages. He stated that the strikes were not forceful and described them as mid-range, but the breach was low level, due to being just over the limit of 10.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Miller 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 Miller was a highly experienced driver from America and was in New Zealand on a working holiday. He stated that the JCA Penalty Guide provided a $200 fine for a first offence of between 11 to 13 strikes. Mr Renault stated that there were no aggravating factors to consider, and therefore submitted that a fine of $200, as per the sliding scale, be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $200 fine, on the sliding scale, for a first offence with 11 to 13 strikes, mitigation inclusive. We agreed with Mr Renault that there were no aggravating factors to consider and warrant an uplift in penalty. We therefore determined that a $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Miller is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr D Miller - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ba67d88bb79781c42be383edcf36f912
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 83ceb61f78402aa4206b17c28dbe0ad9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/01/2018
meet_title: Banks Peninsula TC - 28 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula TC