Cheviot HRC 28 February 2016 – R 2 – Chair, Mr S Ching
ID: JCA15233
Meet Title:
Cheviot HRC - 28 February 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/02/28
Race Number:
R2
Decision:
As Miss Young had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Miss Young was fined the sum of $300.
Facts:
Following the running of Race 2, the “Donegal House” The Little Irish Pub Near Kaikoura Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Junior Horsewoman Miss J Young, alleging a breach of Rule 869(2)(a) in that she used her whip excessively over the concluding stages when driving KARANGA SWEET P.
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.”
Miss Young had endorsed the Information that this breach of the Rules was admitted which she confirmed at the hearing. Miss Young also confirmed she understood the rule she was being charged with. Miss Young was assisted at the hearing by Licensed Trainer Mr P Young.
Mr Wallis gave evidence and showed video replays of the concluding stages of the race where he pointed out Miss Young, driving KARANGA SWEET P, racing 4 back on the outer at the home turn. Miss Young, he stated, drew her whip and used it on at least 20 occasions over the concluding stages of the race. He stated that there was not a lot of force in the strikes and there were some pauses evident but the reason Miss Young was being charged was purely the number of strikes. He submitted that the level of the breach was low to mid.
Miss Young stated that all strikes were on the sulky shaft as it makes a lot of noise and were not on the horse. She said there were some pauses but conceded the sheer number of strikes was why she was being charged.
Submissions for Penalty:
Mr Wallis stated that Miss Young had clear record in regard to this rule and had admitted the breach at the first opportunity. He said Miss Young had driven on 129 occasions so far this season with 110 last season and could be described as a busy Junior Driver. Mr Wallis stated the JCA Penalty Guide starting point for a breach of this rule was a $500 fine or a 2-day suspension. Mr Wallis submitted that a fine of $300 be considered as penalty in this case.
Miss Young submitted that she would prefer a fine not a suspension as penalty.
Reasons for Penalty:
In determining penalty, we took into account Miss Young’s excellent record and her ready admission of the breach. The Committee also assessed the breach as low to mid. Taking into consideration the submissions on penalty, the Committee decided that a fine was an appropriate penalty for Miss Young. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to give Miss Young a discount of $100 for her good record and a further discount of $100 for her frank admission of the breach. We therefore decided that a fine of $300 was an appropriate penalty 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: 790e9fccaf13c267a2ccdf7cb52c86a9
informantnumber: A 8060
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 04/03/2016
hearing_title: Cheviot HRC 28 February 2016 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the “Donegal House” The Little Irish Pub Near Kaikoura Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Junior Horsewoman Miss J Young, alleging a breach of Rule 869(2)(a) in that she used her whip excessively over the concluding stages when driving KARANGA SWEET P.
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.”
Miss Young had endorsed the Information that this breach of the Rules was admitted which she confirmed at the hearing. Miss Young also confirmed she understood the rule she was being charged with. Miss Young was assisted at the hearing by Licensed Trainer Mr P Young.
Mr Wallis gave evidence and showed video replays of the concluding stages of the race where he pointed out Miss Young, driving KARANGA SWEET P, racing 4 back on the outer at the home turn. Miss Young, he stated, drew her whip and used it on at least 20 occasions over the concluding stages of the race. He stated that there was not a lot of force in the strikes and there were some pauses evident but the reason Miss Young was being charged was purely the number of strikes. He submitted that the level of the breach was low to mid.
Miss Young stated that all strikes were on the sulky shaft as it makes a lot of noise and were not on the horse. She said there were some pauses but conceded the sheer number of strikes was why she was being charged.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Young had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Miss Young had clear record in regard to this rule and had admitted the breach at the first opportunity. He said Miss Young had driven on 129 occasions so far this season with 110 last season and could be described as a busy Junior Driver. Mr Wallis stated the JCA Penalty Guide starting point for a breach of this rule was a $500 fine or a 2-day suspension. Mr Wallis submitted that a fine of $300 be considered as penalty in this case.
Miss Young submitted that she would prefer a fine not a suspension as penalty.
reasonsforpenalty:
In determining penalty, we took into account Miss Young’s excellent record and her ready admission of the breach. The Committee also assessed the breach as low to mid. Taking into consideration the submissions on penalty, the Committee decided that a fine was an appropriate penalty for Miss Young. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to give Miss Young a discount of $100 for her good record and a further discount of $100 for her frank admission of the breach. We therefore decided that a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly, Miss Young was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis- Stipendiary Steward
JockeysandTrainer: J Young-Licensed Junior Horsewoman
Otherperson: P Young-Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: f9d81cdd8c3788c1317b2dd7f06059fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8edb45c079777166f2f3b3cee5e30f40
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/02/2016
meet_title: Cheviot HRC - 28 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Cheviot HRC