Reefton TC 13 March 2011 – R 4
ID: JCA13343
Meet Title:
Reefton TC - 13 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2011/03/13
Race Number:
R 4
Decision:
On resuming the hearing we advised that a full written decision would be prepared later, and advised that we found the charge proved.
Penalty:
Mr Hay was fined the sum of $250-00.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 4, the Reefton Autolodge/BNZ Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr J. C. Hay alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that horseman J. C. Hay used his whip excessively in the run home when driving “Awesome Delight”.
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 Hay had indicated on the Information that this breach of the Rules was not admitted and he confirmed that at the hearing. Mr Hay also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
In presenting his case Mr McIntyre read the relevant parts of the “Use of Whip” Guidelines, which Mr Hay agreed he was familiar with.
Mr McIntyre gave evidence and used video coverage to show that Mr Hay had used his whip on about 19 occasions in the run home, and that this use was continuous.
Mr Hay said that he had hesitated a couple of times when using his whip.
We adjourned to consider our decision.
Reasons for Decision:
The video coverage of this incident showed quite clearly that Mr Hay had used his whip “too much”. Mr Hay’s defence that he had “hesitated” a few times was not credible. We were satisfied that the charge had been proved.
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Hay had no previous relevant convictions, and submitted that a fine of $250-00 should be imposed in this case.
Mr Hay had no relevant submissions to make with regard to penalty.
Reasons for Penalty:
In considering an appropriate penalty we took into account that Mr Hay had no previous relevant convictions. A starting point for a penalty for a breach of this Rule is a fine of $300-00, and taking into account Mr Hay’s good record we decided that a fine of $250-00 was appropriate 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: 655eba4a8fc6752a4f056c2bfbd84298
informantnumber: 67391
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Reefton TC 13 March 2011 - R 4
charge:
Excessive use of the whip.
facts:
Following the running of Race 4, the Reefton Autolodge/BNZ Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr J. C. Hay alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that horseman J. C. Hay used his whip excessively in the run home when driving “Awesome Delight”.
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 Hay had indicated on the Information that this breach of the Rules was not admitted and he confirmed that at the hearing. Mr Hay also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
In presenting his case Mr McIntyre read the relevant parts of the “Use of Whip” Guidelines, which Mr Hay agreed he was familiar with.
Mr McIntyre gave evidence and used video coverage to show that Mr Hay had used his whip on about 19 occasions in the run home, and that this use was continuous.
Mr Hay said that he had hesitated a couple of times when using his whip.
We adjourned to consider our decision.
reasonsfordecision:
The video coverage of this incident showed quite clearly that Mr Hay had used his whip “too much”. Mr Hay’s defence that he had “hesitated” a few times was not credible. We were satisfied that the charge had been proved.
Decision:
On resuming the hearing we advised that a full written decision would be prepared later, and advised that we found the charge proved.
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that Mr Hay had no previous relevant convictions, and submitted that a fine of $250-00 should be imposed in this case.
Mr Hay had no relevant submissions to make with regard to penalty.
reasonsforpenalty:
In considering an appropriate penalty we took into account that Mr Hay had no previous relevant convictions. A starting point for a penalty for a breach of this Rule is a fine of $300-00, and taking into account Mr Hay’s good record we decided that a fine of $250-00 was appropriate in this case.
penalty:
Mr Hay was fined the sum of $250-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr NG McIntyre - Open Horseman
JockeysandTrainer: Mr JC Hay - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5bd75415a465aa0f40510a8c2e5f612d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 11668344755da52fa41a45b5a4643fff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/03/2011
meet_title: Reefton TC - 13 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Reefton TC