Archive Decision

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Wyndham HRC 5 February 2017 – R 2 – Chair, Prof G Hall

ID: JCA11105

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr A Milne - Open Horseman

Information Number:
A8578

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Wyndham HRC - 5 February 2017

Meet Chair:
GHall

Race Date:
2017/02/05

Race Number:
R 2

Decision:

Mr Milne has admitted the breach. The charge is proved.

Penalty:

Mr Milne is fined the sum of $300.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Milne (BIG SMOKE) used his whip excessively over the final 400 metres of race 2.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Tidmarsh demonstrated on the videos that Mr Milne, driving BIG SMOKE, had led the field into the home straight and over the final 200 metres in the run home he used his whip 12 times.

Mr Milne said he was aware of the rule and with his horse performing so well he had overlooked the number of strikes.

Submissions for Penalty:

Mr Tidmarsh produced Mr Milne’s record, which was clear this and last season under this rule. Mr Milne has had some 140 drives in this time.

Mr Milne asked that he be fined rather than suspended.

Reasons for Penalty:

The Committee adopts the $500 starting point in the JCA Penalty Guide. Mr Milne’s breach is towards the lower end. After credit of $100 for each of the mitigating factors of the admission of the breach and the respondent’s record, which is excellent, that results in a penalty of a fine of $300.

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: 0d44ece9ccec09bc6e74fa5173460322


informantnumber: A8578


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/02/2017


hearing_title: Wyndham HRC 5 February 2017 - R 2 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Milne (BIG SMOKE) used his whip excessively over the final 400 metres of race 2.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Tidmarsh demonstrated on the videos that Mr Milne, driving BIG SMOKE, had led the field into the home straight and over the final 200 metres in the run home he used his whip 12 times.

Mr Milne said he was aware of the rule and with his horse performing so well he had overlooked the number of strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Milne has admitted the breach. The charge is proved.


sumissionsforpenalty:

Mr Tidmarsh produced Mr Milne’s record, which was clear this and last season under this rule. Mr Milne has had some 140 drives in this time.

Mr Milne asked that he be fined rather than suspended.


reasonsforpenalty:

The Committee adopts the $500 starting point in the JCA Penalty Guide. Mr Milne’s breach is towards the lower end. After credit of $100 for each of the mitigating factors of the admission of the breach and the respondent’s record, which is excellent, that results in a penalty of a fine of $300.


penalty:

Mr Milne is fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr A Milne - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 292a8bf103446c099f1b5a623e560183


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 74fd84050551da99b96a24dff719e317


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/02/2017


meet_title: Wyndham HRC - 5 February 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Wyndham HRC