Franklin TC 16 August 2013 – R 10
ID: JCA14511
Meet Title:
Franklin TC - 16 August 2013
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2013/08/16
Race Number:
R10
Decision:
The Charge is admitted and is accordingly proved.
Penalty:
We impose a Fine of $200.00 on Mr Sharpe.
Charge:
Breach of Rule 869(2)(a) - Excessive use of the Whip
Facts:
Following the running of Race 10 the Tuakau Cossie Racing Section Mobile Pace an Information was lodged by Stipendiary Steward Ms P Kinsey against Licensed Graduation Horseman Mr A Sharpe alleging that Mr Sharpe used his whip excessively when driving WINSTONE P over the concluding stages of the Race.
Rule 869(2)(a) provides : No horseman shall during any Race use his whip in an unnecessary , excessive or improper manner.
Mr Sharpe was present and confirmed to the Committee that he admitted the charge.
Ms Kinsey demonstrated the incident by use of the Race films and showed where WINSTONE P finished down the outside of the field and ran third. She showed Mr Sharpe using the whip and she counted 20 or 21 strikes and said that there were no significant pauses.
Mr Sharpe accepted the evidence but thought he had paused at one stage in the run home.
Submissions for Decision:
Ms Kinsey submitted that the number of strikes together with Mr Sharpe's whip action and the fact that the strikes were continuous was excessive. She did say that because Mr Sharpe is left handed that made his use of the Whip more obvious.
Submissions for Penalty:
Ms Kinsey submitted that the incident was at the lower end of the scale of seriousness. She said that Mr Sharpe should be given credit for having admitted the breach and also having a very good record. She referred to the JCA Guidelines which provided for a starting point penalty of a Suspension of Licence for 6 Drives or a Fine of $300.00.
She submitted that in this case a Fine of $200.00 would be appropriate.
Mr Sharpe initially submitted that he preferred a suspension although he acknowledged that he had only recently returned to Driving and had only had a very few drives. After some reflection he accepted that a Fine would be appropriate.
Reasons for Penalty:
The Committee reviewed the Race Films and these clearly showed the incident and we counted 20 strikes with the Whip. We advised Mr Sharpe that we believed that the incident was in the medium range of seriousness because the use of the Whip was continuous and also because Mr Sharpe was left handed his use of the Whip was obvious to anyone viewing the Race and it did not look good.
We explained to Mr Sharpe the definition of " excessive use " in the agreed Whip Guidelines.
Mr Sharpe has admitted the breach but we advised him that he had no other option based upon the evidence before us. We are going to deal with this charge by way of a Fine because we believe that any effective suspension of Mr Sharpe's Licence would have to be for a considerable period of time.
We have looked at the JCA Guidelines starting point Penalty and we have reviewed our statistics for previous penalties under this Rule. We have reduced the Fine because of the mitigating factors and believe that a Fine in the amount submitted by Ms Kinsey is appropriate.
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: 8c9171e79e17aa7b648448fdf2d9a3ba
informantnumber: A3814
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: Franklin TC 16 August 2013 - R 10
charge:
Breach of Rule 869(2)(a) - Excessive use of the Whip
facts:
Following the running of Race 10 the Tuakau Cossie Racing Section Mobile Pace an Information was lodged by Stipendiary Steward Ms P Kinsey against Licensed Graduation Horseman Mr A Sharpe alleging that Mr Sharpe used his whip excessively when driving WINSTONE P over the concluding stages of the Race.
Rule 869(2)(a) provides : No horseman shall during any Race use his whip in an unnecessary , excessive or improper manner.
Mr Sharpe was present and confirmed to the Committee that he admitted the charge.
Ms Kinsey demonstrated the incident by use of the Race films and showed where WINSTONE P finished down the outside of the field and ran third. She showed Mr Sharpe using the whip and she counted 20 or 21 strikes and said that there were no significant pauses.
Mr Sharpe accepted the evidence but thought he had paused at one stage in the run home.
appealdecision:
isappeal:
submissionsfordecision:
Ms Kinsey submitted that the number of strikes together with Mr Sharpe's whip action and the fact that the strikes were continuous was excessive. She did say that because Mr Sharpe is left handed that made his use of the Whip more obvious.
reasonsfordecision:
Decision:
The Charge is admitted and is accordingly proved.
sumissionsforpenalty:
Ms Kinsey submitted that the incident was at the lower end of the scale of seriousness. She said that Mr Sharpe should be given credit for having admitted the breach and also having a very good record. She referred to the JCA Guidelines which provided for a starting point penalty of a Suspension of Licence for 6 Drives or a Fine of $300.00.
She submitted that in this case a Fine of $200.00 would be appropriate.
Mr Sharpe initially submitted that he preferred a suspension although he acknowledged that he had only recently returned to Driving and had only had a very few drives. After some reflection he accepted that a Fine would be appropriate.
reasonsforpenalty:
The Committee reviewed the Race Films and these clearly showed the incident and we counted 20 strikes with the Whip. We advised Mr Sharpe that we believed that the incident was in the medium range of seriousness because the use of the Whip was continuous and also because Mr Sharpe was left handed his use of the Whip was obvious to anyone viewing the Race and it did not look good.
We explained to Mr Sharpe the definition of " excessive use " in the agreed Whip Guidelines.
Mr Sharpe has admitted the breach but we advised him that he had no other option based upon the evidence before us. We are going to deal with this charge by way of a Fine because we believe that any effective suspension of Mr Sharpe's Licence would have to be for a considerable period of time.
We have looked at the JCA Guidelines starting point Penalty and we have reviewed our statistics for previous penalties under this Rule. We have reduced the Fine because of the mitigating factors and believe that a Fine in the amount submitted by Ms Kinsey is appropriate.
penalty:
We impose a Fine of $200.00 on Mr Sharpe.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Miss P Kinsey - Stipendiary Steward
JockeysandTrainer: Mr A Sharpe - Licensed Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bd046ac843e95eba1e73a45bf88195f0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eb87b0397cdad0a36e455c996b6e8455
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/08/2013
meet_title: Franklin TC - 16 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Franklin TC