Rangiora HRC 7 December 2011 – R 8
ID: JCA13038
Meet Title:
Rangiora HRC - 7 December 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/12/07
Race Number:
R 8
Decision:
As Mr Maynard had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Maynard was fined the sum of $200-00.
Charge:
Alleged excessive use of the whip.
Facts:
Following the running of Race 8, the “Smoken Up” Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis against Advanced Amateur Driver Mr M. F. Maynard alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in an excessive manner over the last 400m while driving “Mullingar Mac”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Maynard had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Wallis gave evidence and used video coverage to show that Mr Maynard had used his whip on about 23 occasions in the last 400 metres of the race.
Mr Maynard said that he thought there were only about 19 strikes with the whip. It was agreed that this breach was not at the high end of the scale of seriousness.
Submissions for Penalty:
In relation to penalty Mr Wallis advised that Mr Maynard had no relevant previous breaches of this Rule, and he had admitted this breach. The Penalty Guide recommends a starting point of a $300-00 or 6 drives. Mr Wallis submitted that a fine of $200-00 should be imposed in this case.
Mr Maynard made submissions that a suspension should be imposed as an alternative to a fine. It was established that Mr Maynard had driven in all Amateur Drivers races recently, but that only one more race was scheduled for this year. There was no information available as to what Amateur Drivers races their might be in the future.
We were satisfied that a suspension of Mr Maynard’s Advanced Amateur Driver’s Licence was not an option in this case because of uncertainty regarding how long a suspension would need to be.
Reasons for Penalty:
We took into account Mr Maynard’s good record, and also that he had admitted this breach. The Penalty Guide recommends a starting point of a $300-00 fine, but taking into account all the mitigating factors we decided that a fine of $200-00 should be imposed 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: 399c296e38a1827d095ac504e00302c1
informantnumber: A5324
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/12/2011
hearing_title: Rangiora HRC 7 December 2011 - R 8
charge:
Alleged excessive use of the whip.
facts:
Following the running of Race 8, the “Smoken Up” Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis against Advanced Amateur Driver Mr M. F. Maynard alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in an excessive manner over the last 400m while driving “Mullingar Mac”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Maynard had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis gave evidence and used video coverage to show that Mr Maynard had used his whip on about 23 occasions in the last 400 metres of the race.
Mr Maynard said that he thought there were only about 19 strikes with the whip. It was agreed that this breach was not at the high end of the scale of seriousness.
reasonsfordecision:
Decision:
As Mr Maynard had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Wallis advised that Mr Maynard had no relevant previous breaches of this Rule, and he had admitted this breach. The Penalty Guide recommends a starting point of a $300-00 or 6 drives. Mr Wallis submitted that a fine of $200-00 should be imposed in this case.
Mr Maynard made submissions that a suspension should be imposed as an alternative to a fine. It was established that Mr Maynard had driven in all Amateur Drivers races recently, but that only one more race was scheduled for this year. There was no information available as to what Amateur Drivers races their might be in the future.
We were satisfied that a suspension of Mr Maynard’s Advanced Amateur Driver’s Licence was not an option in this case because of uncertainty regarding how long a suspension would need to be.
reasonsforpenalty:
We took into account Mr Maynard’s good record, and also that he had admitted this breach. The Penalty Guide recommends a starting point of a $300-00 fine, but taking into account all the mitigating factors we decided that a fine of $200-00 should be imposed in this case.
penalty:
Mr Maynard was fined the sum of $200-00.
hearing_type: Hearing
Rules: 865(2)(a)
Informant: Mr SW Wallis - Stipendiary Steward
JockeysandTrainer: Mr MF Maynard - Advanced Amatuer Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 429d12c0db489d8961c2965c3468eedd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ec39f7af41ffcc75a45af8641849df74
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/12/2011
meet_title: Rangiora HRC - 7 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Rangiora HRC