Manukau TC 22 July 2012 – R 1
ID: JCA11120
Meet Title:
Manukau TC - 22 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
JHolloway
Race Date:
2012/07/22
Race Number:
R 1
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account we impose a penalty of $150.
Charge:
The information alleged that “M Northcott used her whip excessively driving Gallileo over the concluding stages”.
Ms Northcott endorsed the information “I do admit the breach”. She attended the hearing.
Facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Ms Northcott, whilst driving the first placed horse Gallileo, used her whip excessively by striking her drive 21 times between the straight entrance and the winning post. He said that the use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Ms Northcott agreed with the number of strikes and did not make any further comment.
Submissions for Penalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or $300. He said that Ms Northcott has not previously breached this rule and submitted that the breach should be assessed as mid-range.
Mr Muirhead further submitted that Ms Northcott ought to be given credit for admitting the breach. He also pointed out that this was Ms Northcott's first winning drive and she may have become a little excited by the occasion.
Ms Northcott submitted that she did get excited and could hear the other horses coming. She added that Gallileo does have a tendency to “switch off” in the home straight. She further submitted that this was her first driving offence and that she is inexperienced in that this was only her sixth race-day drive.
Reasons for Penalty:
The committee independently reviewed the breach and determined that Ms Northcott used her whip continuously at least 21 or 22 times in the home straight. We took particular note of both the frequency and severity of strikes and assessed the breach as mid-range.
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We acknowledge that as an Amateur Horsewoman, Ms Northcott receives no financial gain from race driving, but we recognise that she has an obligation to drive within the rules and regulations. We have noted her admission of the breach and also her good driving record. We also acknowledge the fact that this was Ms Northcott's first winning drive and accept that the excitement may have temporarily affected her judgement.
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: 1daf9aad2b6c1bac8f3040b16e01baca
informantnumber: 2306
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/07/2012
hearing_title: Manukau TC 22 July 2012 - R 1
charge:
The information alleged that “M Northcott used her whip excessively driving Gallileo over the concluding stages”.
Ms Northcott endorsed the information “I do admit the breach”. She attended the hearing.
facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Ms Northcott, whilst driving the first placed horse Gallileo, used her whip excessively by striking her drive 21 times between the straight entrance and the winning post. He said that the use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Ms Northcott agreed with the number of strikes and did not make any further comment.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or $300. He said that Ms Northcott has not previously breached this rule and submitted that the breach should be assessed as mid-range.
Mr Muirhead further submitted that Ms Northcott ought to be given credit for admitting the breach. He also pointed out that this was Ms Northcott's first winning drive and she may have become a little excited by the occasion.
Ms Northcott submitted that she did get excited and could hear the other horses coming. She added that Gallileo does have a tendency to “switch off” in the home straight. She further submitted that this was her first driving offence and that she is inexperienced in that this was only her sixth race-day drive.
reasonsforpenalty:
The committee independently reviewed the breach and determined that Ms Northcott used her whip continuously at least 21 or 22 times in the home straight. We took particular note of both the frequency and severity of strikes and assessed the breach as mid-range.
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We acknowledge that as an Amateur Horsewoman, Ms Northcott receives no financial gain from race driving, but we recognise that she has an obligation to drive within the rules and regulations. We have noted her admission of the breach and also her good driving record. We also acknowledge the fact that this was Ms Northcott's first winning drive and accept that the excitement may have temporarily affected her judgement.
penalty:
Having taken all matters into account we impose a penalty of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Ms M Northcott - Advanced Amateur Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ef9df0adf85b7d0be973a8f1ee4e8df8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a25cd8f88a495d2b86f3eceea9e9cf17
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2012
meet_title: Manukau TC - 22 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: JHolloway
meet_pm2: none
name: Manukau TC