Methven TC 17 September 2017 – R 7 – Chair, Mr S Ching
ID: JCA16810
Meet Title:
Methven TC - 17 September 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/09/17
Race Number:
R7
Decision:
As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Smith was fined the sum of $300.
Facts:
Following the running of Race 7, the Papanui Club Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Junior Horseman, Mr C Smith alleging a breach of Rule 869(2)(a) in that he used his whip outside of the guidelines over the final 400m.
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.”
Mr Smith had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Smith also confirmed he understood the rule he was being charged with. Mr Smith was assisted at the preliminary Stewards enquiry by Open Horseman, Mr J Dunn. Mr Smith stated to the Committee that he did not require assistance at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Smith driving RUN BOY RUN, was in the trail of the lead horse as the field turned for home. Near the 200m Mr Smith used the whip in a tapping action with his hand on the whip rein. Mr Renault said these taps were not considered in breach of the rule. He said that Mr Smith then activated the horses gear and after that crossed the reins and used the whip freehand on 6 occasions. He said that Mr Smith then went back to the whip rein and used the whip in a continuous manner on a further 10 occasions prior to the line. This he stated put Mr Smith at 16 strikes which was over the guideline limit of 10 strikes inside the final 400m. He submitted that the breach was mid-range.
Submissions for Penalty:
Mr Renault said that Mr Smith driving statistics showed 4 drives so far, this season with 51 drives, last season. In relation to penalty Mr Renault stated that Mr Smith had a clear record under this rule over the previous 12 months. Mr Renault stated that Mr Smith had admitted the breach at the earliest opportunity and that the breach was mid-range. He submitted that a fine of $300 to $350 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, we adopted the starting point of $500 for a mid-range breach as recommended in the JCA Penalty Guidelines. There were no aggravating factors to warrant an uplift in penalty but mitigating factors were present. These factors included Mr Smith’s good record, his admission of the breach and his status as a junior driver. Mitigating factors in this case, we determined, warranted a discount in penalty. This we set at $200. We therefore determined that a fine of $300 was an appropriate penalty on this occasion.
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: a322accf3162f2ff9667dfedcaf3a4ea
informantnumber: A09860
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2017
hearing_title: Methven TC 17 September 2017 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Papanui Club Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Junior Horseman, Mr C Smith alleging a breach of Rule 869(2)(a) in that he used his whip outside of the guidelines over the final 400m.
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.”
Mr Smith had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Smith also confirmed he understood the rule he was being charged with. Mr Smith was assisted at the preliminary Stewards enquiry by Open Horseman, Mr J Dunn. Mr Smith stated to the Committee that he did not require assistance at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Smith driving RUN BOY RUN, was in the trail of the lead horse as the field turned for home. Near the 200m Mr Smith used the whip in a tapping action with his hand on the whip rein. Mr Renault said these taps were not considered in breach of the rule. He said that Mr Smith then activated the horses gear and after that crossed the reins and used the whip freehand on 6 occasions. He said that Mr Smith then went back to the whip rein and used the whip in a continuous manner on a further 10 occasions prior to the line. This he stated put Mr Smith at 16 strikes which was over the guideline limit of 10 strikes inside the final 400m. He submitted that the breach was mid-range.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault said that Mr Smith driving statistics showed 4 drives so far, this season with 51 drives, last season. In relation to penalty Mr Renault stated that Mr Smith had a clear record under this rule over the previous 12 months. Mr Renault stated that Mr Smith had admitted the breach at the earliest opportunity and that the breach was mid-range. He submitted that a fine of $300 to $350 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, we adopted the starting point of $500 for a mid-range breach as recommended in the JCA Penalty Guidelines. There were no aggravating factors to warrant an uplift in penalty but mitigating factors were present. These factors included Mr Smith’s good record, his admission of the breach and his status as a junior driver. Mitigating factors in this case, we determined, warranted a discount in penalty. This we set at $200. We therefore determined that a fine of $300 was an appropriate penalty on this occasion.
penalty:
Mr Smith was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr C Smith - Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7753afcb633cd00c6b8ea72b34b79a8a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ffd65db6ff71f0cb08a3e07e78e27b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2017
meet_title: Methven TC - 17 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Methven TC