Archive Decision

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Gore HRC 6 May 2017 – R 5 – Chair, Prof G Hall

ID: JCA16340

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr M Purvis - Junior Horseman

Information Number:
A9362

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Gore HRC - 6 May 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/05/06

Race Number:
R 5

Decision:

As Mr Purvis has admitted the breach, we find the breach proved.

Penalty:

Mr Purvis is fined the sum of $300.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Purvis (PAT CAMPBELL) used his whip excessively inside the final 400 metres of race 5, the NORTHERN SOUTHLAND VETS MOBILE PACE.

Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Purvis attended the hearing, admitted the breach, and indicated he did not require the assistance of a senior horseman. As Mr Purvis is an experienced junior driver, we proceeded to hear the matter.

Mr Tidmarsh demonstrated on the videos that the respondent used his whip 11 times in the home straight.

Mr Purvis said he was aware of the guidelines and had simply miscounted.

Submissions for Penalty:

Mr Tidmarsh produced the respondent’s record, which was clear under this rule. Mr Purvis has had 104 drives this season and had 108 last season. Mr Tidmarsh stated the breach was low end in that the respondent was mixing up his action and the number of strikes was only one above the allowed 10.

Mr Purvis agreed with this.

Reasons for Penalty:

We have had regard to the starting point in the JCA Penalty Guide of $500. The breach is low end and thus there is no uplift to the starting point. We give a $100 discount for each of the mitigating factors of admission of the breach and good record. We do not overlook the fact the respondent is a busy junior driver, but believe any further discount is not appropriate for a breach of this nature.

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: a7061c0e8c3846483a46dc8ef3ab229a


informantnumber: A9362


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2017


hearing_title: Gore HRC 6 May 2017 - R 5 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Purvis (PAT CAMPBELL) used his whip excessively inside the final 400 metres of race 5, the NORTHERN SOUTHLAND VETS MOBILE PACE.

Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Purvis attended the hearing, admitted the breach, and indicated he did not require the assistance of a senior horseman. As Mr Purvis is an experienced junior driver, we proceeded to hear the matter.

Mr Tidmarsh demonstrated on the videos that the respondent used his whip 11 times in the home straight.

Mr Purvis said he was aware of the guidelines and had simply miscounted.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Purvis has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr Tidmarsh produced the respondent’s record, which was clear under this rule. Mr Purvis has had 104 drives this season and had 108 last season. Mr Tidmarsh stated the breach was low end in that the respondent was mixing up his action and the number of strikes was only one above the allowed 10.

Mr Purvis agreed with this.


reasonsforpenalty:

We have had regard to the starting point in the JCA Penalty Guide of $500. The breach is low end and thus there is no uplift to the starting point. We give a $100 discount for each of the mitigating factors of admission of the breach and good record. We do not overlook the fact the respondent is a busy junior driver, but believe any further discount is not appropriate for a breach of this nature.


penalty:

Mr Purvis is fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr M Purvis - Junior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: bb77917e9fb7912c7416d9ed8c8ffc86


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1c119bcc07490b9ea6423c020cd1aa8c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/05/2017


meet_title: Gore HRC - 6 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Gore HRC