Canterbury JC 15 November 2014 – R 8
ID: JCA11613
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 15 November 2014
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/11/15
Race Number:
R8
Decision:
As Mr Hills has admitted the charge it is thereby deemed to be proved.
Penalty:
Mr Hills is fined $300.
Facts:
As a result of the Stipendiary Stewards' observations of Mr Hills' whip use on "Esprit D'Or" prior to the 200 metre mark in the Christchurch Casino New Zealand Cup, he was charged pursuant to Rule 638(3)(b) with using his whip in excessive manner. Mr Hills endorsed the information admitting the breach. Mr Neal also confirmed to the hearing that Mr Hills did not wish to be present when the breach was considered.
Mr Neal showed video coverage of the ride by Mr Hills which disclosed that from about the 400 metre mark and prior to the 200 metre mark that Mr Hills struck his horse at least 10 times, every second stride. Mr Neal stated that such a whip action was outside of the guidelines, namely that prior to the 400 metre mark the whip may only be used over 6 strides with the whip hand being returned to the whip rein for 6 strides.
Submissions for Penalty:
Mr Neal said that Mr Hills was charged at Whangarei on 21st May 2014 with a similar breach and fined $150, but other than that, Mr Hills has a good riding record. Mr Neal commented that Mr Hills is a rider who rarely "troubles the Stewards". Mr Neal said that the degree of culpability was at the lower end of the scale, but having said that, observed that it was a Group III race, namely the Christchurch Casino New Zealand Cup.
He submitted that a fine should be imposed but did not make an submission as to the quantum of the fine.
Reasons for Penalty:
Our starting point for the imposition of a fine is $500 in accordance with the Judicial Authority's Penalty Guidelines, it being a second breach within 12 months. Against that we must take into account if there are factors which would warrant an uplift on our starting point. This was a Group III race, of some status, being the Christchurch Casino New Zealand Cup. As a consequence an uplift of $100 is justified, making our starting point, $600. However, against that we regard Mr Hills good record, his early admission of the breach and the fact that the breach was not the most serious of its kind, as mitigating factors which justify us in allowing Mr Hills a generous discount on our starting point of $300. The breach was described by Mr Neal as being at the lower end of the scale, and that is the view of this committee also.
JCA Decision Fields (raw)
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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: 2d8ff0555d5021be8a7acb4d828638f7
informantnumber: A3329
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2014
hearing_title: Canterbury JC 15 November 2014 - R 8
charge:
facts:
As a result of the Stipendiary Stewards' observations of Mr Hills' whip use on "Esprit D'Or" prior to the 200 metre mark in the Christchurch Casino New Zealand Cup, he was charged pursuant to Rule 638(3)(b) with using his whip in excessive manner. Mr Hills endorsed the information admitting the breach. Mr Neal also confirmed to the hearing that Mr Hills did not wish to be present when the breach was considered.
Mr Neal showed video coverage of the ride by Mr Hills which disclosed that from about the 400 metre mark and prior to the 200 metre mark that Mr Hills struck his horse at least 10 times, every second stride. Mr Neal stated that such a whip action was outside of the guidelines, namely that prior to the 400 metre mark the whip may only be used over 6 strides with the whip hand being returned to the whip rein for 6 strides.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hills has admitted the charge it is thereby deemed to be proved.
sumissionsforpenalty:
Mr Neal said that Mr Hills was charged at Whangarei on 21st May 2014 with a similar breach and fined $150, but other than that, Mr Hills has a good riding record. Mr Neal commented that Mr Hills is a rider who rarely "troubles the Stewards". Mr Neal said that the degree of culpability was at the lower end of the scale, but having said that, observed that it was a Group III race, namely the Christchurch Casino New Zealand Cup.
He submitted that a fine should be imposed but did not make an submission as to the quantum of the fine.
reasonsforpenalty:
Our starting point for the imposition of a fine is $500 in accordance with the Judicial Authority's Penalty Guidelines, it being a second breach within 12 months. Against that we must take into account if there are factors which would warrant an uplift on our starting point. This was a Group III race, of some status, being the Christchurch Casino New Zealand Cup. As a consequence an uplift of $100 is justified, making our starting point, $600. However, against that we regard Mr Hills good record, his early admission of the breach and the fact that the breach was not the most serious of its kind, as mitigating factors which justify us in allowing Mr Hills a generous discount on our starting point of $300. The breach was described by Mr Neal as being at the lower end of the scale, and that is the view of this committee also.
penalty:
Mr Hills is fined $300.
hearing_type: Hearing
Rules: Rule 638(3) A Rider shall not:, (b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: Mr M Hills - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b0e94df2325dabb430969bc7853ff786
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: 4959eee36d00e55f3ab4a35d3caee367
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2014
meet_title: Canterbury Racing - 15 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing