Archive Decision

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Banks Peninsula TC 29 September 2013 – R 1

ID: JCA14844

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
A C White, Licensed Advanced Amateur Driver

Information Number:
A1620

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 29 September 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2013/09/29

Race Number:
R1

Decision:

Mr White having admitted the charge, the charge was found proved. 

Penalty:

Mr White was fined the sum of $200. 

Charge:

Excessive use of the whip. 

Facts:

Following the running of Race 1, Bishopdale & Bush Inns TAB’s Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr A C White, alleging that Mr White, as the driver of ITS NUKES in the race, “used his whip excessively over the concluding stages”.

Mr White was not present at the hearing of the information but he had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the charge. He had also endorsed on the information and signed that he did not wish to be present.

Rule 869 provides as follows:

(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out ITS NUKES, driven by Mr White, racing 3-wide and towards the rear of the field as the field approached the home straight. In the run home, Mr Ydgren alleged, Mr White used his whip on some 23 occasions. The Committee noted that ITS NUKES finished in 4th placing, the official margins being 2 lengths, a neck and a ½ head.

Submissions for Penalty:

Mr Ydgren stated that Mr White had a clear record under the Rule and had admitted the breach. He submitted that an appropriate fine was $200. 

Reasons for Penalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty), the Committee was able to give Mr White a discount of $50 for his good record and a further discount of $50 for his admission of the breach. There were no other mitigating factors. The Committee assessed the circumstances of the breach to be in the low-mid range. 

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: 82d6b3541ac999ee1e8e1dd8f2926de6


informantnumber: A1620


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: Banks Peninsula TC 29 September 2013 - R 1


charge:

Excessive use of the whip. 


facts:

Following the running of Race 1, Bishopdale & Bush Inns TAB’s Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr A C White, alleging that Mr White, as the driver of ITS NUKES in the race, “used his whip excessively over the concluding stages”.

Mr White was not present at the hearing of the information but he had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the charge. He had also endorsed on the information and signed that he did not wish to be present.

Rule 869 provides as follows:

(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out ITS NUKES, driven by Mr White, racing 3-wide and towards the rear of the field as the field approached the home straight. In the run home, Mr Ydgren alleged, Mr White used his whip on some 23 occasions. The Committee noted that ITS NUKES finished in 4th placing, the official margins being 2 lengths, a neck and a ½ head.


reasonsfordecision:


Decision:

Mr White having admitted the charge, the charge was found proved. 


sumissionsforpenalty:

Mr Ydgren stated that Mr White had a clear record under the Rule and had admitted the breach. He submitted that an appropriate fine was $200. 


reasonsforpenalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty), the Committee was able to give Mr White a discount of $50 for his good record and a further discount of $50 for his admission of the breach. There were no other mitigating factors. The Committee assessed the circumstances of the breach to be in the low-mid range. 


penalty:

Mr White was fined the sum of $200. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: A C White, Licensed Advanced Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 88ceba05fe03f6e7c53b37725266e6a2


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: 4a14364d39db467fe34fa38d30541bed


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/09/2013


meet_title: Banks Peninsula TC - 29 September 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