Thames HRC 9 January 2011 – R 7
ID: JCA15326
Meet Title:
Thames HRC - 9 January 2011
Meet Chair:
JHolloway
Meet Committee Member 1:
GJones
Race Date:
2011/01/09
Race Number:
R 7
Decision:
As the breach was admitted the charge is found proved.
Penalty:
Balancing the various factors the committee imposes a fine of $150.
Charge:
“Junior Horseman S McMullen used his whip excessively when driving BON TON CHERIE over the concluding stages”.
Facts:
Mr Muirhead presented video evidence of the concluding stages of race 7 and demonstrated that Mr McMullen used his whip on 25 occasions.
Submissions for Decision:
Mr Muirhead submitted that Mr McMullen’s use of the whip was excessive and contrary to the ‘use of whip’ guidelines’.
Mr McMullen made no submissions.
Mr Butcher submitted that Mr McMullen will benefit from further training and coaching.
Submissions for Penalty:
Mr Muirhead said that this was Mr McMullen’s first offence and that the offending was within the medium to upper range, but noted that although the number of strikes was at the high end, the strikes were not vicious.
He submitted that a fine of $250 or a 1 week’s suspension was appropriate.
Mr Butcher on behalf of Mr McMullen submitted that a fine less than $250 would be appropriate due to Mr McMullen’s good record, his inexperience and because the force of his whip action was not vicious.
Reasons for Penalty:
In determining the penalty the committee considered mitigating factors including Mr McMullen’s admission, his good driving record and the level of force used. The committee considered that the number of whip strikes (25) was excessive and unnecessary and therefore an aggravating factor.
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: 845a55d9112f7a1c14cf52ffda71fd0e
informantnumber: 68676
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Thames HRC 9 January 2011 - R 7
charge:
“Junior Horseman S McMullen used his whip excessively when driving BON TON CHERIE over the concluding stages”.
facts:
Mr Muirhead presented video evidence of the concluding stages of race 7 and demonstrated that Mr McMullen used his whip on 25 occasions.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that Mr McMullen’s use of the whip was excessive and contrary to the ‘use of whip’ guidelines’.
Mr McMullen made no submissions.
Mr Butcher submitted that Mr McMullen will benefit from further training and coaching.
reasonsfordecision:
Decision:
As the breach was admitted the charge is found proved.
sumissionsforpenalty:
Mr Muirhead said that this was Mr McMullen’s first offence and that the offending was within the medium to upper range, but noted that although the number of strikes was at the high end, the strikes were not vicious.
He submitted that a fine of $250 or a 1 week’s suspension was appropriate.
Mr Butcher on behalf of Mr McMullen submitted that a fine less than $250 would be appropriate due to Mr McMullen’s good record, his inexperience and because the force of his whip action was not vicious.
reasonsforpenalty:
In determining the penalty the committee considered mitigating factors including Mr McMullen’s admission, his good driving record and the level of force used. The committee considered that the number of whip strikes (25) was excessive and unnecessary and therefore an aggravating factor.
penalty:
Balancing the various factors the committee imposes a fine of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S McMullen - Junior Horseman - driver of BON TON CHERIE
Otherperson: Mr D Butcher - Senior Horseman assisting Mr McMullen
PersonPresent:
Respondent:
StipendSteward:
raceid: 08c8ba742abe5fd5b319b6c0f2e12178
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1c3ed991ada47ad181047d73792abf80
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/01/2011
meet_title: Thames HRC - 9 January 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "298", "Total": "184.76", "kmprice": 184.75999999999999, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "211", "Total": "130.82", "kmprice": 130.81999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: GJones
meet_pm2: none
name: Thames HRC