Reefton TC 10 March 2019 – R 5 – Chair, Mr S Ching
ID: JCA16436
Meet Title:
Reefton TC - 10 March 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/03/10
Race Number:
R5
Decision:
As Miss Clarke had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Miss Clarke is fine the sum of $200.
Facts:
Following the running of Race 5, the Reefton Coffin Co. Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horsewoman, Miss H Clarke, alleging a breach of Rule 869(2) in that she used her 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.
Miss Clarke had endorsed the information that the breach was admitted. Miss Clarke was at the hearing, also confirming she understood the Rule and the charge against her. Miss Clarke was assisted at the hearing by Mr S Clarke.
Mr Wallis gave evidence and showed video replays of the run home, with the assistance of Stipendiary Steward, Mr R Quirk. He pointed out Miss Clarke driving NADIRA FRANCO, positioned 3 back on the pylons, as the field turned for home. After the field straightened for home, Miss Clarke drew the whip and used it in a fore hand, striking motion, with rein in hand, on 12 occasions prior to the line.
Miss Clarke stated she did not dispute the number of strikes. She added that she had got carried away as her drive was in contention to run a placing.
Submissions for Penalty:
Mr Wallis stated that Miss Clarke had a very good penalty record and had never been before a JCA panel since the commencement of her career. He stated that the JCA Penalty Guide provided a sliding scale for a first offence of 11 to 13 strikes, a $200 fine. He submitted that a fine of $200 as per the Penalty Guide sliding scale be imposed as penalty.
Miss Clarke said to date she had driven on 86 occasions. She requested a suspension be considered as penalty as she had just started training and was purchasing a property. Mr Wallis objected to a suspension as penalty in this case.
Reasons for Penalty:
The JCA Penalty Guide provides on the Sliding Scale for a first offence of 11 to 13 strikes a $200 fine, mitigation inclusive. Miss Clarke’s request for a suspension was denied as there were, we determined, no extenuating circumstances, which would qualify her for consideration of a suspension. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $200 fine as per the Sliding Scale 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: b4b62acf770a1933e85fab9308933759
informantnumber: A8909
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)-Whip Regulation (b)
plea: admitted
penaltyrequired: 1
decisiondate: 14/03/2019
hearing_title: Reefton TC 10 March 2019 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Reefton Coffin Co. Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horsewoman, Miss H Clarke, alleging a breach of Rule 869(2) in that she used her 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.
Miss Clarke had endorsed the information that the breach was admitted. Miss Clarke was at the hearing, also confirming she understood the Rule and the charge against her. Miss Clarke was assisted at the hearing by Mr S Clarke.
Mr Wallis gave evidence and showed video replays of the run home, with the assistance of Stipendiary Steward, Mr R Quirk. He pointed out Miss Clarke driving NADIRA FRANCO, positioned 3 back on the pylons, as the field turned for home. After the field straightened for home, Miss Clarke drew the whip and used it in a fore hand, striking motion, with rein in hand, on 12 occasions prior to the line.
Miss Clarke stated she did not dispute the number of strikes. She added that she had got carried away as her drive was in contention to run a placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Clarke had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Miss Clarke had a very good penalty record and had never been before a JCA panel since the commencement of her career. He stated that the JCA Penalty Guide provided a sliding scale for a first offence of 11 to 13 strikes, a $200 fine. He submitted that a fine of $200 as per the Penalty Guide sliding scale be imposed as penalty.
Miss Clarke said to date she had driven on 86 occasions. She requested a suspension be considered as penalty as she had just started training and was purchasing a property. Mr Wallis objected to a suspension as penalty in this case.
reasonsforpenalty:
The JCA Penalty Guide provides on the Sliding Scale for a first offence of 11 to 13 strikes a $200 fine, mitigation inclusive. Miss Clarke’s request for a suspension was denied as there were, we determined, no extenuating circumstances, which would qualify her for consideration of a suspension. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $200 fine as per the Sliding Scale was an appropriate penalty in this case.
penalty:
Accordingly, Miss Clarke is fine the sum of $200.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: S Wallis- Stipendiary Steward
JockeysandTrainer: H Clarke-Licensed Junior Horsewoman
Otherperson: S Clarke- Licensed Trainer, Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f4c3c04d8d36053520c7bcf4141b0c5e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e421eb52be61346bc83ea865c05ae5ba
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2019
meet_title: Reefton TC - 10 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Reefton TC