NZ Metro TC 7 August 2020 – R 7 – Chair, Mr S Ching
ID: JCA15388
Meet Title:
NZ Metro TC - 7 August 2020
Meet Chair:
SChing
Race Date:
2020/08/07
Race Number:
R7
Decision:
As Mr Newman had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Newman is fined the sum of $200.
Facts:
Following the running of Race 7, the Trackside Dining At Addington Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Junior Horseman, Mr K Newman, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Newman had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Newman also acknowledged that he understood the provisions of the charge and the rule it was brought under. Mr Newman was assisted at the hearing by Open Horseman, Mr J Dunn.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Newman, driving STARS TONIGHT, positions 3 wide and improving, passing the 400m. Inside the 400m Mr Newman drew the whip and used it on 11 occasions prior to the finish line.
Mr Newman and Mr Dunn did not dispute the number of strikes.
Submissions for Penalty:
Mr Ydgren stated that Mr Newman had a clear record in regard to this rule over the prior 6 months. Mr Ydgren stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11 to 13 strikes. He submitted that a penalty in line with the sliding scale be considered as penalty.
Mr Newman elected to make no submissions in regard to penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a $200 fine, mitigation inclusive, on the sliding scale for a first offence of this rule where the strikes are 11 to 13. We deemed that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a fine of $200, as per the sliding scale for a low range breach, was an appropriate penalty in this case.
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: 8c435e18b90572179c6e951d40fbe33a
informantnumber: A13276
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the use of the whip regulations
plea: admitted
penaltyrequired: 1
decisiondate: 08/08/2020
hearing_title: NZ Metro TC 7 August 2020 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Trackside Dining At Addington Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Junior Horseman, Mr K Newman, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Newman had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Newman also acknowledged that he understood the provisions of the charge and the rule it was brought under. Mr Newman was assisted at the hearing by Open Horseman, Mr J Dunn.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Newman, driving STARS TONIGHT, positions 3 wide and improving, passing the 400m. Inside the 400m Mr Newman drew the whip and used it on 11 occasions prior to the finish line.
Mr Newman and Mr Dunn did not dispute the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Newman had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren stated that Mr Newman had a clear record in regard to this rule over the prior 6 months. Mr Ydgren stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11 to 13 strikes. He submitted that a penalty in line with the sliding scale be considered as penalty.
Mr Newman elected to make no submissions in regard to penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a $200 fine, mitigation inclusive, on the sliding scale for a first offence of this rule where the strikes are 11 to 13. We deemed that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a fine of $200, as per the sliding scale for a low range breach, was an appropriate penalty in this case.
penalty:
Accordingly, Mr Newman is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: N Ydgren-Chief Stipendiary Steward
JockeysandTrainer: K Newman-Licensed Junior Horseman
Otherperson: J Dunn-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 8c2f443f87b8e6a6440c385d0e806b91
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: 2a68f45258e1316d3e380a4c3e42e376
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/08/2020
meet_title: NZ Metro TC - 7 August 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: NZ Metro TC