Morrinsville TC 17 November 2013 – R 2
ID: JCA10543
Meet Title:
Morrinsville TC - 17 November 2013
Meet Chair:
GJones
Meet Committee Member 1:
AGodsalve
Race Date:
2013/11/17
Race Number:
R2
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account the Committee imposes a fine of $200.
Facts:
This charge arises from the running of race number 2, the Te Aroha Jockey Club Trot 2700. Mr Muirhead demonstrated the incident by way of available video footage. He told the Judicial Committee (the ‘Committee’) that Mr Hall whilst driving IT’S BIG TIME used his whip between 21 and 22 times from the straight entrance to the finish of the race. 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”.
Mr Hall told the Committee that he agreed with the number of strikes as assessed by the Stewards and advised that he had nothing further to add concerning the breach.
Submissions for Penalty:
Mr Muirhead submitted the JCA guidelines establish a starting point for a breach of this nature at a $300 fine. He said the Stewards' view is that this breach was no more than medium range. He further submitted Mr Hall ought to be given credit for his good driving record, his cooperation with the Stewards and his admission of the breach. He said after taking those matters into account the Stewards were seeking a penalty in the vicinity of a $200-$300 fine.
Mr Hall submitted that this breach ought to be dealt with by way of a $200 fine, as opposed to the $200 to $300 range suggested by the Informant and the Committee should take into account his good driving record.
Reasons for Penalty:
The Committee has reviewed the breach and confirmed the number of strikes at between 20 and 22 without respite which is well outside the guidelines. The Committee assessed the force used in delivering the strikes as moderate.
In determining penalty the Committee has taken into account the submissions of both the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of $300 fine or 6 drives. The Committee acknowledges Mr Hall's good record and his admission of the breach.
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: 0a257271ab16e51474853323bdfdcaab
informantnumber: A3958
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: The information alleged that “You used your whip in an excessive manner over the concluding stages when driving IT’S BIG TIME”.
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2013
hearing_title: Morrinsville TC 17 November 2013 - R 2
charge:
facts:
This charge arises from the running of race number 2, the Te Aroha Jockey Club Trot 2700. Mr Muirhead demonstrated the incident by way of available video footage. He told the Judicial Committee (the ‘Committee’) that Mr Hall whilst driving IT’S BIG TIME used his whip between 21 and 22 times from the straight entrance to the finish of the race. 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”.
Mr Hall told the Committee that he agreed with the number of strikes as assessed by the Stewards and advised that he had nothing further to add concerning the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted the JCA guidelines establish a starting point for a breach of this nature at a $300 fine. He said the Stewards' view is that this breach was no more than medium range. He further submitted Mr Hall ought to be given credit for his good driving record, his cooperation with the Stewards and his admission of the breach. He said after taking those matters into account the Stewards were seeking a penalty in the vicinity of a $200-$300 fine.
Mr Hall submitted that this breach ought to be dealt with by way of a $200 fine, as opposed to the $200 to $300 range suggested by the Informant and the Committee should take into account his good driving record.
reasonsforpenalty:
The Committee has reviewed the breach and confirmed the number of strikes at between 20 and 22 without respite which is well outside the guidelines. The Committee assessed the force used in delivering the strikes as moderate.
In determining penalty the Committee has taken into account the submissions of both the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of $300 fine or 6 drives. The Committee acknowledges Mr Hall's good record and his admission of the breach.
penalty:
Having taken all matters into account the Committee imposes a fine of $200.
hearing_type: Hearing
Rules: 869 2(a)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr T Hall - Senior Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f3f288fc67b86224af07d9ac5c888d99
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: 5a39bd6e379ad5492ed63763fa832912
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/11/2013
meet_title: Morrinsville TC - 17 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: morrinsville-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: AGodsalve
meet_pm2: none
name: Morrinsville TC