Westport TC 28 December 2019 – R 7 – Chair, Mr D Anderson
ID: JCA16584
Meet Title:
Westport TC - 28 December 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2019/12/28
Race Number:
R 7
Decision:
The charge was found proved.
Penalty:
Accordingly, Mr McMullan is fined $200.
Facts:
Following the running of Race 7 an Information was filed by Stipendiary Steward, Mr Renault alleging a breach of Rule 869(2) by Open Driver, Mr S McMullan. The Information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Mr McMullan signed the Information admitting the breach and stated he was conversant with the Rule.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) provide:
(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 Renault identified Mr McMullan driving (7) TOMBELINA, in the parked position entering the home straight. Mr Renault counted on the video 12 strikes.
Mr McMullan agreed with Mr Renault adding that his driving got a bit messy close to the winning post.
Submissions for Penalty:
Mr Renault alluded to the sliding scale for this breach which requires a fine for a first offence with a clear record.
Reasons for Penalty:
The JCA Penalty Guide provides a sliding scale starting point of a $200 fine for a breach involving 12 strikes mitigation inclusive.
There are no aggravating factors to warrant an uplift from this starting point.
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: c89ce7c0f8961d1e62e34bbaf3fcacf1
informantnumber: A13102
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2019
hearing_title: Westport TC 28 December 2019 - R 7 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 7 an Information was filed by Stipendiary Steward, Mr Renault alleging a breach of Rule 869(2) by Open Driver, Mr S McMullan. The Information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Mr McMullan signed the Information admitting the breach and stated he was conversant with the Rule.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) provide:
(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 Renault identified Mr McMullan driving (7) TOMBELINA, in the parked position entering the home straight. Mr Renault counted on the video 12 strikes.
Mr McMullan agreed with Mr Renault adding that his driving got a bit messy close to the winning post.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault alluded to the sliding scale for this breach which requires a fine for a first offence with a clear record.
reasonsforpenalty:
The JCA Penalty Guide provides a sliding scale starting point of a $200 fine for a breach involving 12 strikes mitigation inclusive.
There are no aggravating factors to warrant an uplift from this starting point.
penalty:
Accordingly, Mr McMullan is fined $200.
hearing_type: Hearing
Rules: 869(2) and Whip Regulation (b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr S McCullan - Licensed Open Horseman
Otherperson: Mr P Williams - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a0ea0fcc7ee4ca25d0dcc810f6f716a4
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: 8ff71ef9acd9b261c2f9c8e7122ef0a8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2019
meet_title: Westport TC - 28 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: Westport TC