Canterbury JC 14 November 2015 – R 1 – Chair, Mr KG Hales
ID: JCA11128
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 14 November 2015
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Meet Committee Member 2:
SChing
Race Date:
2015/11/14
Race Number:
R1
Decision:
Because Mr Parkes has admitted the breach, it is thereby deemed to be proved.
Penalty:
Mr Parkes is fined the sum of $700.
Facts:
Because of the whip actions of Class "A"Licensed Jockey J Parkes, prior to the 200 metres point from the winning post, in the "Avon City Ford Premier, he was charged with excessive use of the whip.
The information alleged that, "J Parkes, used his whip in an excessive manner prior to the 200 metres" .
He was observed to strike his mount TANIA approximately 11 times, continuously, which is outside of the guidelines. There was no attempt on his part to return his hand to whip rein at any stage of his actions. Some of the whip strikes were forward of the saddle but the majority were behind.
Mr Parkes admitted the breach. By way of explanation, he said that he had "a rush of blood to the head". There was a long straight ahead of him, and he wanted to be there to win, (which he did).
Submissions for Penalty:
Mr Neal advised the hearing that Mr Parkes, during the last 12 months had been charged with a similar breach on 2 occasions, namely on 29th November 2014 when he was fined $500, and on 30th May 2015, when he was also fined $500. Having said that, Mr Neal said that the Stipendiary Stewards regarded Mr Parkes' record as "reasonably good" bearing in mind that Mr Parkes had ridden approximately 300 times since the breach in May 2015. Mr Parkes has had approximately 600 rides in the last 12 months.
The Stipendiary Stewards acknowledged that whilst Mr Parkes' actions exceeded the guidelines, the whip strikes were not applied with any "great venom". The Stipendiary Stewards regarded the breach as "mid-range". Mr Neal submitted that a fine could be imposed, but that it would have to be more than the fines previously imposed.
Mr Parkes concurred with the Stipendiary Stewards, in that the whip strikes were not applied with any great force, and asked that it be noted that some were on the shoulder of his mount.
Reasons for Penalty:
The Judicial Control Authority's Penalty Guide provides for a second breach of the rule relating to excessive use of the whip, within 6 months, for a 3-5 riding day suspension.
However, in this case, we have taken into account that although this is a second breach within 6 months, that Mr Parkes is only within the "re-set" period by 16 days. Since his last breach, he has ridden approximately 300 times. The Penalty Guide is a guide only, and we have an inherent discretion to not follow it slavishly .
Thus, in terms of exercising our discretion, we will not follow the Penalty Guide, by imposing a suspension, but instead, elect to impose a fine.
The Stipendiary Stewards seek an uplift on the previous fines and that is an appropriate submission.
For the purposes of assessing penalty in this case, we adopt a starting point of $800. Against that, we must consider aggravating and mitigating factors.
There are no aggravating features in this case which would warrant an uplift on our starting point. The previous breaches have been recognised by the starting point of $800.
In terms of mitigating features, we give Mr Parkes credit, for his immediate acknowledgement of the breach. We also note and accept Mr Neal's submission that the whip strikes were not applied with any "great venom", and the fact that Mr Parkes has had over 300 rides since his last breach.
The combination of the mitigating features allows us to afford Mr Parkes a discount of $100 on our 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: 146f25738601ac96fb6ee30cb9404117
informantnumber: A3512
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/11/2015
hearing_title: Canterbury JC 14 November 2015 - R 1 - Chair, Mr KG Hales
charge:
facts:
Because of the whip actions of Class "A"Licensed Jockey J Parkes, prior to the 200 metres point from the winning post, in the "Avon City Ford Premier, he was charged with excessive use of the whip.
The information alleged that, "J Parkes, used his whip in an excessive manner prior to the 200 metres" .
He was observed to strike his mount TANIA approximately 11 times, continuously, which is outside of the guidelines. There was no attempt on his part to return his hand to whip rein at any stage of his actions. Some of the whip strikes were forward of the saddle but the majority were behind.
Mr Parkes admitted the breach. By way of explanation, he said that he had "a rush of blood to the head". There was a long straight ahead of him, and he wanted to be there to win, (which he did).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Because Mr Parkes has admitted the breach, it is thereby deemed to be proved.
sumissionsforpenalty:
Mr Neal advised the hearing that Mr Parkes, during the last 12 months had been charged with a similar breach on 2 occasions, namely on 29th November 2014 when he was fined $500, and on 30th May 2015, when he was also fined $500. Having said that, Mr Neal said that the Stipendiary Stewards regarded Mr Parkes' record as "reasonably good" bearing in mind that Mr Parkes had ridden approximately 300 times since the breach in May 2015. Mr Parkes has had approximately 600 rides in the last 12 months.
The Stipendiary Stewards acknowledged that whilst Mr Parkes' actions exceeded the guidelines, the whip strikes were not applied with any "great venom". The Stipendiary Stewards regarded the breach as "mid-range". Mr Neal submitted that a fine could be imposed, but that it would have to be more than the fines previously imposed.
Mr Parkes concurred with the Stipendiary Stewards, in that the whip strikes were not applied with any great force, and asked that it be noted that some were on the shoulder of his mount.
reasonsforpenalty:
The Judicial Control Authority's Penalty Guide provides for a second breach of the rule relating to excessive use of the whip, within 6 months, for a 3-5 riding day suspension.
However, in this case, we have taken into account that although this is a second breach within 6 months, that Mr Parkes is only within the "re-set" period by 16 days. Since his last breach, he has ridden approximately 300 times. The Penalty Guide is a guide only, and we have an inherent discretion to not follow it slavishly .
Thus, in terms of exercising our discretion, we will not follow the Penalty Guide, by imposing a suspension, but instead, elect to impose a fine.
The Stipendiary Stewards seek an uplift on the previous fines and that is an appropriate submission.
For the purposes of assessing penalty in this case, we adopt a starting point of $800. Against that, we must consider aggravating and mitigating factors.
There are no aggravating features in this case which would warrant an uplift on our starting point. The previous breaches have been recognised by the starting point of $800.
In terms of mitigating features, we give Mr Parkes credit, for his immediate acknowledgement of the breach. We also note and accept Mr Neal's submission that the whip strikes were not applied with any "great venom", and the fact that Mr Parkes has had over 300 rides since his last breach.
The combination of the mitigating features allows us to afford Mr Parkes a discount of $100 on our starting point.
penalty:
Mr Parkes is fined the sum of $700.
hearing_type: Hearing
Rules: Rule 638(3)(ii) A rider shall not strike a horse in a manner or to an extent which is, (b) excessive
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: J Parkes - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9e7f3607f59b693247bbfd66dfc733f4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 51df16f7d2feac21ba5d78de4a4dd606
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/11/2015
meet_title: Canterbury Racing - 14 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: SChing
name: Canterbury Racing