NZ Metro TC 23 December 2016 – R3 – Chair, Mr R McKenzie
ID: JCA11960
Meet Title:
NZ Metro TC - 23 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/23
Race Number:
R3
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
Penalty:
Mr Anderson was fined the sum of $350.
Facts:
Following the running of Race 3, RNP Homes Limited (Junior Drivers) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr M J Anderson, alleging that, as the driver of ICE CRUSHER in the race, he “used his whip in an excessive manner inside the final 400 metres”.
Mr Anderson was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr S F Golding.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out ICE CRUSHER, driven by Mr Anderson, leading the field passing the 400 metres. Mr Anderson then activated the removable deafeners and switched the whip to his free hand and, from that point, he used his whip free of the rein 18 times to the finishing line.
Mr Anderson was asked by the Committee and he replied that he did not dispute that number.
Neither Mr Anderson nor Mr Golding wished to comment on the facts.
Submissions for Penalty:
Mr Anderson had a clear record under the Rule, Mr Ydgren said. He referred to the Penalty Guide starting point of a $500 fine and submitted that the starting point should be uplifted in this case for the high number of strikes. However, against that, Mr Anderson should be given credit for his clear record and his early admission of the breach. Mr Ydgren submitted that a fine of in the vicinity of $350 would be appropriate.
Mr Golding asked the Committee to take into consideration that Mr Anderson is a Junior Driver. He has been in Perth recently and has not driven a lot under the new whip guidelines. Mr Anderson is not a driver who is in the habit of using the whip excessively, Mr Golding submitted.
Mr Anderson stated, in reply to a question from the Committee, that he was aware of the new guidelines but said that had not adapted fully to them.
Reasons for Penalty:
In determining penalty, the Committee took, as a starting point, a fine of $500 as provided in the Penalty Guide. The Committee agreed with Mr Ydgren that an uplift from that starting point was justified having regard to the high number of strikes - 18. The Committee assessed the appropriate uplift at $100. From the point of $600 so reached, Mr Anderson was entitled to a discount for the mitigating factors – his clear record and his frank admission of the breach. The Committee decided that a discount in the sum of $200 was appropriate for those mitigating factors and that a further discount of $50 should be given for Mr Anderson’s junior driver status.
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: 2d928828b2d8e7ac2d5badda4865c0c9
informantnumber: A8333
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/12/2016
hearing_title: NZ Metro TC 23 December 2016 - R3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, RNP Homes Limited (Junior Drivers) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr M J Anderson, alleging that, as the driver of ICE CRUSHER in the race, he “used his whip in an excessive manner inside the final 400 metres”.
Mr Anderson was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr S F Golding.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out ICE CRUSHER, driven by Mr Anderson, leading the field passing the 400 metres. Mr Anderson then activated the removable deafeners and switched the whip to his free hand and, from that point, he used his whip free of the rein 18 times to the finishing line.
Mr Anderson was asked by the Committee and he replied that he did not dispute that number.
Neither Mr Anderson nor Mr Golding wished to comment on the facts.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Anderson had a clear record under the Rule, Mr Ydgren said. He referred to the Penalty Guide starting point of a $500 fine and submitted that the starting point should be uplifted in this case for the high number of strikes. However, against that, Mr Anderson should be given credit for his clear record and his early admission of the breach. Mr Ydgren submitted that a fine of in the vicinity of $350 would be appropriate.
Mr Golding asked the Committee to take into consideration that Mr Anderson is a Junior Driver. He has been in Perth recently and has not driven a lot under the new whip guidelines. Mr Anderson is not a driver who is in the habit of using the whip excessively, Mr Golding submitted.
Mr Anderson stated, in reply to a question from the Committee, that he was aware of the new guidelines but said that had not adapted fully to them.
reasonsforpenalty:
In determining penalty, the Committee took, as a starting point, a fine of $500 as provided in the Penalty Guide. The Committee agreed with Mr Ydgren that an uplift from that starting point was justified having regard to the high number of strikes - 18. The Committee assessed the appropriate uplift at $100. From the point of $600 so reached, Mr Anderson was entitled to a discount for the mitigating factors – his clear record and his frank admission of the breach. The Committee decided that a discount in the sum of $200 was appropriate for those mitigating factors and that a further discount of $50 should be given for Mr Anderson’s junior driver status.
penalty:
Mr Anderson was fined the sum of $350.
hearing_type: Hearing
Rules: 869(2((a)
Informant: Mr N M Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr M J Anderson - Licensed Junior Horseman
Otherperson: Mr S F Golding - Licensed Open Horseman assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: 766f997b0f3026f9cc056f9ec57ec099
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6522ec43677ce43eb04002fa6f59e2fe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/12/2016
meet_title: NZ Metro TC - 23 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC