NZ Metro TC 17 October 2014 – R 10
ID: JCA17507
Meet Title:
NZ Metro TC - 17 October 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/10/17
Race Number:
R10
Decision:
Mr Houghton having admitted the charge, the charge was found proved.
Penalty:
Mr Houghton was fined the sum of $250.
Facts:
Following the running of Race 10, J Butler & Co & Mairehau Catholic Parish Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R L Houghton, alleging that Mr Houghton, as the driver of JOEY MAGUIRE in the race, “used his whip excessively in the run home”.
Mr Houghton was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr McIntyre had Stipendiary Steward, Mr S W Wallis, point out JOEY MAGUIRE, driven by Mr Houghton on a video replay of the final 300 metres of the race. Mr McIntyre said that it was the allegation of the Stewards that Mr Houghton had used his whip in an excessive manner with all strikes being “freehand”. He submitted that Mr Houghton had used his whip on 27 occasions over approximately 300-350 metres. With the exception of a brief pause mid-straight, Mr Houghton’s whip actions had not been broken up. The breach was mid-range, Mr McIntyre submitted.
Mr Houghton said that there were, probably, 10 strikes inside the final 100 metres. He submitted that the strikes prior to that were “spaced”.
Submissions for Penalty:
Mr McIntyre told the Committee that Mr Houghton has limited opportunities as a driver. This season he has driven in 4 races before this meeting and in the previous season he had driven in 23 races. His record under the Rule was clear.
Mr McIntyre referred to the Penalty Guide which recommends a starting point of $300 or 6 drives. The usual penalty for a first offence which is admitted is $200 but, Mr McIntyre submitted, due to this breach being mid-range and having regard to the number of strikes, a fine of $250 would be appropriate.
A discussion then took place as to the possibility of a term of suspension rather than a fine. Mr Houghton said that he is only driving JOEY MAGUIRE at present. After initially indicating that he would like the Committee to consider a suspension, Mr Houghton said that he would prefer a fine.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty given the difficulty in fixing an appropriate term of suspension since Mr Houghton drives so infrequently), the Committee was able to give Mr Houghton a discount of $50 for his good record and a further discount of $50 for his admission of the breach.. There were no other mitigating factors. The Committee assessed the circumstances of the breach to be in the mid-high range, having regard to the number of strikes and the force with which they were delivered, which was an aggravating factor warranting an uplift from $200 to $250.
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: eae4689c015fab55d5de24857576dc7d
informantnumber: A1600
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/10/2014
hearing_title: NZ Metro TC 17 October 2014 - R 10
charge:
facts:
Following the running of Race 10, J Butler & Co & Mairehau Catholic Parish Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R L Houghton, alleging that Mr Houghton, as the driver of JOEY MAGUIRE in the race, “used his whip excessively in the run home”.
Mr Houghton was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr McIntyre had Stipendiary Steward, Mr S W Wallis, point out JOEY MAGUIRE, driven by Mr Houghton on a video replay of the final 300 metres of the race. Mr McIntyre said that it was the allegation of the Stewards that Mr Houghton had used his whip in an excessive manner with all strikes being “freehand”. He submitted that Mr Houghton had used his whip on 27 occasions over approximately 300-350 metres. With the exception of a brief pause mid-straight, Mr Houghton’s whip actions had not been broken up. The breach was mid-range, Mr McIntyre submitted.
Mr Houghton said that there were, probably, 10 strikes inside the final 100 metres. He submitted that the strikes prior to that were “spaced”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Houghton having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre told the Committee that Mr Houghton has limited opportunities as a driver. This season he has driven in 4 races before this meeting and in the previous season he had driven in 23 races. His record under the Rule was clear.
Mr McIntyre referred to the Penalty Guide which recommends a starting point of $300 or 6 drives. The usual penalty for a first offence which is admitted is $200 but, Mr McIntyre submitted, due to this breach being mid-range and having regard to the number of strikes, a fine of $250 would be appropriate.
A discussion then took place as to the possibility of a term of suspension rather than a fine. Mr Houghton said that he is only driving JOEY MAGUIRE at present. After initially indicating that he would like the Committee to consider a suspension, Mr Houghton said that he would prefer a fine.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty given the difficulty in fixing an appropriate term of suspension since Mr Houghton drives so infrequently), the Committee was able to give Mr Houghton a discount of $50 for his good record and a further discount of $50 for his admission of the breach.. There were no other mitigating factors. The Committee assessed the circumstances of the breach to be in the mid-high range, having regard to the number of strikes and the force with which they were delivered, which was an aggravating factor warranting an uplift from $200 to $250.
penalty:
Mr Houghton was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr NG McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: RL Houghton - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e576095fe2f4d5bd898e07bf1b0fef06
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fca047cb2607afa0c7c453aa01fae6ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/10/2014
meet_title: NZ Metro TC - 17 October 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC