Archive Decision

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Counties RC 1 May 2013 – R 5

ID: JCA11180

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr O Bosson -Licensed Rider

Information Number:
A2828

Hearing Type:
Hearing

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 1 May 2013

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2013/05/01

Race Number:
R5

Decision:

As Mr Bosson admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a $250 fine.

Charge:

Following race 5, Race Images 1200, an information was filed pursuant to Rule 330(3) (c). The Informant, Mr Williamson alleged that Mr Bosson failed to make the contract weight for the horse ELUSIVE GOLD.

Mr Bosson acknowledged that he understood the rule.

Rule 330(3) (c) states: A Rider shall not fail to ride a horse at the weight at which it is handicapped to carry

Facts:

Mr Williamson told the Committee that Mr Bosson was unable to make the handicapped weight of 56kg. He stated Mr Bosson was 1kg overweight and was replaced on Elusive Gold by Mr Sweeney.

Mr Bosson advised us that he had been struggling with his weight after being on the sideline for 3 weeks with a hand injury.

Submissions for Penalty:

Mr Williamson produced Mr Bosson's record which showed this was his 3rd breach within the last 120 days. He said his previous breaches attracted fines of $200 and $500. The $500 fine was when Mr Bosson failed to make the weight for 2 rides, 1 being in a listed race. He said today's situation was very different and submitted an appropriate penalty would be a fine of not less than $200.

Mr Williamson submitted that Mr Bosson was close to the reset period of 120 days.

Mr Bosson submitted he had 3 weeks away from race riding due to a hand injury and asked the Committee to take this into account when imposing penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Bosson's admission of the breach and that he has recently resumed race riding after a hand injury. The aggravating factor is that Mr Bosson let the connections and the betting public down by not being able to make the weight on Elusive Gold. The Committee pointed out to Mr Bosson that regardless of the status of the race he has an obligation to his owners and the betting public, noting he is a high profile rider.

The Committee explained to Mr Bosson that the reset period under the minor infringement regulation is 120 days (4 months) and we note his previous breach occurred 3 months ago.

We explained to Mr Bosson the minor infringement for this rule involving a 2nd offence is a $200 fine, therefore the penalty must be increased for this his 3rd offence.

We note the race today was worth $8,000 and it’s an industry race day.

After taking into account all the above factors we independently assess an appropriate penalty is a $250 fine.

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: 105cb8d3bb17731399fdc07d14c0b8c4


informantnumber: A2828


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/04/2013


hearing_title: Counties RC 1 May 2013 - R 5


charge:

Following race 5, Race Images 1200, an information was filed pursuant to Rule 330(3) (c). The Informant, Mr Williamson alleged that Mr Bosson failed to make the contract weight for the horse ELUSIVE GOLD.

Mr Bosson acknowledged that he understood the rule.

Rule 330(3) (c) states: A Rider shall not fail to ride a horse at the weight at which it is handicapped to carry


facts:

Mr Williamson told the Committee that Mr Bosson was unable to make the handicapped weight of 56kg. He stated Mr Bosson was 1kg overweight and was replaced on Elusive Gold by Mr Sweeney.

Mr Bosson advised us that he had been struggling with his weight after being on the sideline for 3 weeks with a hand injury.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bosson admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Bosson's record which showed this was his 3rd breach within the last 120 days. He said his previous breaches attracted fines of $200 and $500. The $500 fine was when Mr Bosson failed to make the weight for 2 rides, 1 being in a listed race. He said today's situation was very different and submitted an appropriate penalty would be a fine of not less than $200.

Mr Williamson submitted that Mr Bosson was close to the reset period of 120 days.

Mr Bosson submitted he had 3 weeks away from race riding due to a hand injury and asked the Committee to take this into account when imposing penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Bosson's admission of the breach and that he has recently resumed race riding after a hand injury. The aggravating factor is that Mr Bosson let the connections and the betting public down by not being able to make the weight on Elusive Gold. The Committee pointed out to Mr Bosson that regardless of the status of the race he has an obligation to his owners and the betting public, noting he is a high profile rider.

The Committee explained to Mr Bosson that the reset period under the minor infringement regulation is 120 days (4 months) and we note his previous breach occurred 3 months ago.

We explained to Mr Bosson the minor infringement for this rule involving a 2nd offence is a $200 fine, therefore the penalty must be increased for this his 3rd offence.

We note the race today was worth $8,000 and it’s an industry race day.

After taking into account all the above factors we independently assess an appropriate penalty is a $250 fine.


penalty:

Accordingly, we impose a $250 fine.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr O Bosson -Licensed Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 19b405696c01ece937244d8827653dcb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c6034a21ce0dcbb6c58260434c9be8bf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/05/2013


meet_title: Counties RC - 1 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Counties RC