Archive Decision

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NZ Metro TC 18 October 2013 – R11

ID: JCA13669

Applicant:
NM Ydgren - Stipendiary Steward

Respondent(s):
SJ Ottley - Licensed Junior Driver

Information Number:
A1640

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 18 October 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2013/10/18

Race Number:
R11

Decision:

Miss Ottley having admitted the charge, the charge was found proved.  

Penalty:

Miss Ottley was fined the sum of $200. 

Charge:

Excessive use of the whip. 

Facts:

Following the running of Race 11, Lighting Plus Christchurch – 166 Moorhouse Avenue Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Miss S J Ottley, alleging that Miss Ottley, as the driver of DREAM GAL in the race, “used her whip in an excessive manner while driving DREAM GAL over the concluding stages”.

Miss Ottley was not present at the hearing of the information but she had signed the Statement by the Respondent at the foot of the information form indicating that she admitted the charge. Mr Ydgren confirmed that Miss Ottley had indicated that she did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out DREAM GAL, driven by Miss Ottley, racing in 5th position as the field approached the home straight. In the run home, Mr Ydgren alleged, Miss Ottley used her whip on some 22-24 occasions. Mr Ydgren conceded that Miss Ottley had broken up her whip use on a couple of occasions but the number of strikes was, simply, too high. The Committee noted that DREAM GAL finished in 2nd placing, beaten by ¾ length. 

Submissions for Penalty:

Mr Ydgren stated that Miss Ottley had a clear record under the Rule and had admitted the breach. She was one of the busier and more successful Junior Drivers. He submitted that an appropriate fine was $200.  

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), the Committee was able to give Miss Ottley a discount of $50 for her good record and a further discount of $50 for her admission of the breach. There were no other aggravating or mitigating factors. The Committee assessed the circumstances of the breach to be in the low-mid range.

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: 563a7b5ad1b19a927bb621a7e6d3c9d4


informantnumber: A1640


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: NZ Metro TC 18 October 2013 - R11


charge:

Excessive use of the whip. 


facts:

Following the running of Race 11, Lighting Plus Christchurch – 166 Moorhouse Avenue Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Miss S J Ottley, alleging that Miss Ottley, as the driver of DREAM GAL in the race, “used her whip in an excessive manner while driving DREAM GAL over the concluding stages”.

Miss Ottley was not present at the hearing of the information but she had signed the Statement by the Respondent at the foot of the information form indicating that she admitted the charge. Mr Ydgren confirmed that Miss Ottley had indicated that she did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out DREAM GAL, driven by Miss Ottley, racing in 5th position as the field approached the home straight. In the run home, Mr Ydgren alleged, Miss Ottley used her whip on some 22-24 occasions. Mr Ydgren conceded that Miss Ottley had broken up her whip use on a couple of occasions but the number of strikes was, simply, too high. The Committee noted that DREAM GAL finished in 2nd placing, beaten by ¾ length. 


reasonsfordecision:


Decision:

Miss Ottley having admitted the charge, the charge was found proved.  


sumissionsforpenalty:

Mr Ydgren stated that Miss Ottley had a clear record under the Rule and had admitted the breach. She was one of the busier and more successful Junior Drivers. He submitted that an appropriate fine was $200.  


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), the Committee was able to give Miss Ottley a discount of $50 for her good record and a further discount of $50 for her admission of the breach. There were no other aggravating or mitigating factors. The Committee assessed the circumstances of the breach to be in the low-mid range.


penalty:

Miss Ottley was fined the sum of $200. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: NM Ydgren - Stipendiary Steward


JockeysandTrainer: SJ Ottley - Licensed Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: cc229dff7f1dbc6b32b344c3afd4b47a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: baf080d88b982b0c9f758c6ffe3d0cbc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/10/2013


meet_title: NZ Metro TC - 18 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC