Archive Decision

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Marlborough HRC 12 January 2014 – R2

ID: JCA13066

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Miss K Butt - Junior Driver

Other Person:
Mr M Jones - Open Horseman assisting Miss Butt

Information Number:
A 6459

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
Rule 869(2)

Plea:
admitted

Meet Title:
Marlborough HRC - 12 January 2014

Meet Chair:
KHales

Meet Committee Member 1:
PWilliams

Race Date:
2014/01/12

Race Number:
R2

Decision:

As Miss Butt has admitted the charge it is therefore deemed to be proved.

Penalty:

Miss Butt is fined $200.

Facts:

As a result of Miss Butt's whip actions in the concluding stages of the "Asure Sundowner Motel Maiden Mobile Pace", she was charged with using her whip excessively.

Mr Ydgren showed the incident on the video coverage. In the run home, Miss Butt used her whip on some 23 occasions without any distinct pauses or other alternative actions as provided for in the "Use of the Whip Guidelines". Mr Ydgren said that 23 strikes of the whip was "too much".

Miss Butt had endorsed the information admitting the charge and did not wish to be present during the hearing. Mr Ydgren confirmed that

Miss Butt had received advice on the matter from Mr M Jones, Open Horseman, prior to her entering her plea to the information.

Submissions for Penalty:

Mr Ydgren said that Miss Butt was in her first season as a driver and that after 33 drives, this was the first time that she had been charged. It was submitted that a fine of $200 should be imposed.

Reasons for Penalty:

The starting point for the imposition of penalty in terms of the penalty guide for a first breach within a year is a fine of $300 or a suspension of 6 drives. We must then look to aggravating and mitigating factors. In this case there are no aggravating features which would warrant an uplift on the starting point. The mitigating factors are Miss Butt's inexperience, and the fact that she has admitted the charge at an early opportunity. Those factors allow us to afford a discount of $100 on the starting point in terms of a fine. A suspension is not regarded as being an appropriate penalty in this instance.

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: 3cda3b2df5521aae2f03f6f3ff995398


informantnumber: A 6459


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/01/2014


hearing_title: Marlborough HRC 12 January 2014 - R2


charge:


facts:

As a result of Miss Butt's whip actions in the concluding stages of the "Asure Sundowner Motel Maiden Mobile Pace", she was charged with using her whip excessively.

Mr Ydgren showed the incident on the video coverage. In the run home, Miss Butt used her whip on some 23 occasions without any distinct pauses or other alternative actions as provided for in the "Use of the Whip Guidelines". Mr Ydgren said that 23 strikes of the whip was "too much".

Miss Butt had endorsed the information admitting the charge and did not wish to be present during the hearing. Mr Ydgren confirmed that

Miss Butt had received advice on the matter from Mr M Jones, Open Horseman, prior to her entering her plea to the information.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Butt has admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Ydgren said that Miss Butt was in her first season as a driver and that after 33 drives, this was the first time that she had been charged. It was submitted that a fine of $200 should be imposed.


reasonsforpenalty:

The starting point for the imposition of penalty in terms of the penalty guide for a first breach within a year is a fine of $300 or a suspension of 6 drives. We must then look to aggravating and mitigating factors. In this case there are no aggravating features which would warrant an uplift on the starting point. The mitigating factors are Miss Butt's inexperience, and the fact that she has admitted the charge at an early opportunity. Those factors allow us to afford a discount of $100 on the starting point in terms of a fine. A suspension is not regarded as being an appropriate penalty in this instance.


penalty:

Miss Butt is fined $200.


hearing_type: Hearing


Rules: Rule 869(2)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Miss K Butt - Junior Driver


Otherperson: Mr M Jones - Open Horseman assisting Miss Butt


PersonPresent:


Respondent:


StipendSteward:


raceid: 87531d89b9d069b6429b541fc656aeab


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: bb805c622ad16698e4eb76d576345654


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/01/2014


meet_title: Marlborough HRC - 12 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: PWilliams


meet_pm2: none


name: Marlborough HRC