Archive Decision

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Canterbury R 3 August 2013 – R 8

ID: JCA10863

Applicant:
R L Neal, Co-Chief Stipendiary Steward

Respondent(s):
D S Johnson, Licensed Jockey (Class A)

Other Person:
Mr M Zarb - Stipendiary Steward

Information Number:
A4938

Hearing Type:
Hearing

Rules:
638(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 3 August 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2013/08/03

Race Number:
R8

Decision:

Miss Johnson having admitted the breach, the charge was found proved.

Penalty:

Miss Johnson was fined the sum of $250. 

Charge:

Celebratory whip gesture. 

Facts:

Following the running of Race 8, Estaronline 116th Winter Cup, an information was filed by Co-Chief Stipendiary Steward, Mr R L Neal, against Licensed Jockey (Class A), Miss D S Johnson, alleging that Miss Johnson, as the rider of KARLA BRUNI in the race, “made a celebratory gesture prior to the winning post”.

Miss Johnson was present at the hearing of the information and she indicated that she admitted the breach.

Rule 638 provides as follows:

(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Submissions for Decision:

Mr Zarb, Stipendiary Steward, showed a video replay of the final stages of the race. Mr Zarb pointed out Miss Johnson punch the air with her left hand prior to the finishing line. Mr Neal submitted that it was obvious from that replay that it was prior to the line, two strides at most.

Miss Johnson agreed that it was obvious from the video replay.

Submissions for Penalty:

Mr Neal informed the Committee that penalties for breaches of the Rule had varied, depending on the circumstances of the particular case. A monetary penalty was appropriate in this case, he submitted. The breach was towards the lower end of a scale of seriousness, Mr Neal submitted.

Miss Johnson did not wish to make any submissions in relation to penalty. 

Reasons for Penalty:

In arriving at penalty, the Committee took the starting point of a $300 fine as provided in the Penalty Guide. Mitigating factors were Miss Johnson’s admission of the breach, although it was inevitable, and the fact that, in the Committee’s view and as submitted by Mr Neal, the breach was at the lower end of the scale. The “celebratory gesture” was not an extravagant one and was made only two strides short of the winning post. The Committee gave Miss Johnson a discount of $100 for the mitigating factors.

An aggravating factor was the status of the race (a Group 3 race) and the stake payable ($100,000) which warranted an uplift in the discounted figure.

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: 046831ddb870419c2d6e6e94f31ea78e


informantnumber: A4938


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/07/2013


hearing_title: Canterbury R 3 August 2013 - R 8


charge:

Celebratory whip gesture. 


facts:

Following the running of Race 8, Estaronline 116th Winter Cup, an information was filed by Co-Chief Stipendiary Steward, Mr R L Neal, against Licensed Jockey (Class A), Miss D S Johnson, alleging that Miss Johnson, as the rider of KARLA BRUNI in the race, “made a celebratory gesture prior to the winning post”.

Miss Johnson was present at the hearing of the information and she indicated that she admitted the breach.

Rule 638 provides as follows:

(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.


appealdecision:


isappeal:


submissionsfordecision:

Mr Zarb, Stipendiary Steward, showed a video replay of the final stages of the race. Mr Zarb pointed out Miss Johnson punch the air with her left hand prior to the finishing line. Mr Neal submitted that it was obvious from that replay that it was prior to the line, two strides at most.

Miss Johnson agreed that it was obvious from the video replay.


reasonsfordecision:


Decision:

Miss Johnson having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Neal informed the Committee that penalties for breaches of the Rule had varied, depending on the circumstances of the particular case. A monetary penalty was appropriate in this case, he submitted. The breach was towards the lower end of a scale of seriousness, Mr Neal submitted.

Miss Johnson did not wish to make any submissions in relation to penalty. 


reasonsforpenalty:

In arriving at penalty, the Committee took the starting point of a $300 fine as provided in the Penalty Guide. Mitigating factors were Miss Johnson’s admission of the breach, although it was inevitable, and the fact that, in the Committee’s view and as submitted by Mr Neal, the breach was at the lower end of the scale. The “celebratory gesture” was not an extravagant one and was made only two strides short of the winning post. The Committee gave Miss Johnson a discount of $100 for the mitigating factors.

An aggravating factor was the status of the race (a Group 3 race) and the stake payable ($100,000) which warranted an uplift in the discounted figure.


penalty:

Miss Johnson was fined the sum of $250. 


hearing_type: Hearing


Rules: 638(2)


Informant: R L Neal, Co-Chief Stipendiary Steward


JockeysandTrainer: D S Johnson, Licensed Jockey (Class A)


Otherperson: Mr M Zarb - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: aeac8b934443d2f5456557d82b290aa6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a4d48b7e441c4fa0366200979b8ac061


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/08/2013


meet_title: Canterbury Racing - 3 August 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing