NZ Metro TC 7 August 2020 – R 9 – Chair, Mr S Ching
ID: JCA14813
Meet Title:
NZ Metro TC - 7 August 2020
Meet Chair:
SChing
Race Date:
2020/08/07
Race Number:
R9
Decision:
The charge was found proved.
Penalty:
Mr Williams is fined the sum of $200.
Facts:
Following Race 9, the First Direct Taxis mobile Pace, an information was lodged against Licensed Open Horseman, Mr T Williams, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.
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 Williams confirmed that he admitted the charge and understood the rule it was brought under.
Mr Ydgren gave evidence to show that Mr Williams driving DOWN TO THE BONE, was positioned three wide and in contention as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Williams, drew the whip and used it on 12 occasions prior to the line.
Mr Williams did not dispute the number of strikes.
Submissions for Penalty:
Mr Ydgren stated that Mr Williams had a clear record in relation to the rule over the previous 6 months. He said that the breach was low level with the JCA Penalty Guide provides a sliding scale penalty of a $200 fine for a first offence where the strikes are 11-13. Mr Ydgren submitted that a fine, as per the sliding scale, be considered as penalty in this case.
Mr Williams elected to make no submissions in regard to penalty.
Reasons for Penalty:
The Penalty Guide provides a $200 fine on the sliding scale, mitigation inclusive, for a low level first offence of this rule. We determined that the breach was low level and that there were no aggravating factors to consider, therefore, no uplift in penalty warranted.
We therefore determined that a $200 was an appropriate fine in this case.
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: 7eb88b264bba05b9a70bef7f0cf09bab
informantnumber: A13277
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 9 - Chair, Mr S Ching
charge:
facts:
Following Race 9, the First Direct Taxis mobile Pace, an information was lodged against Licensed Open Horseman, Mr T Williams, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.
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 Williams confirmed that he admitted the charge and understood the rule it was brought under.
Mr Ydgren gave evidence to show that Mr Williams driving DOWN TO THE BONE, was positioned three wide and in contention as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Williams, drew the whip and used it on 12 occasions prior to the line.
Mr Williams did not dispute the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren stated that Mr Williams had a clear record in relation to the rule over the previous 6 months. He said that the breach was low level with the JCA Penalty Guide provides a sliding scale penalty of a $200 fine for a first offence where the strikes are 11-13. Mr Ydgren submitted that a fine, as per the sliding scale, be considered as penalty in this case.
Mr Williams elected to make no submissions in regard to penalty.
reasonsforpenalty:
The Penalty Guide provides a $200 fine on the sliding scale, mitigation inclusive, for a low level first offence of this rule. We determined that the breach was low level and that there were no aggravating factors to consider, therefore, no uplift in penalty warranted.
We therefore determined that a $200 was an appropriate fine in this case.
penalty:
Mr Williams is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: N Ydgren-Chief Stipendiary Steward
JockeysandTrainer: T Williams-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b4c9f7071e1967684215347adcb640c6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
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