Archive Decision

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Whangarei RC 20 May 2015 – R 3

ID: JCA11772

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Miss S Spratt Class A rider

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
4376

Hearing Type:
Hearing

New Charge:
Excessive Use Of Whip

Rules:
638 (3) (b) (2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 20 May 2015

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2015/05/20

Race Number:
R3

Decision:

As the breach was admitted we find the charge proved.

Penalty:

After taking the significant mitigating factors outlined above into account the committee considers a $200 reduction from the starting point is appropriate. 

Accordingly we impose a fine of $300.

Facts:

Following race 3, the Whangarei Love It Here 2100, an information was filed pursuant to rule 638 (3) (b) (2).  The informant alleged that Miss Spratt used the whip excessively on her mount BATCHELOR'S DREAM.

The rule reads:  a rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

Mr Oatham demonstrated the video films which showed Miss Spratt striking her mount BATCHELOR'S DREAM approximately 12 times before the 200 metres. 

Miss Spratt told the committee the breach was obvious on the film.

Submissions for Penalty:

Mr Coles produced Miss Spratt's record which showed no previous breaches in the last 12 months.  He said the force of the strikes was not excessive and he assessed the breach to be at the low end.  Mr Coles said he would let the committee decide on an appropriate monetary penalty.  In response to a question from the committee Mr Coles conceded the strikes were not continuous but Miss Spratt did not give her mount the required respite under the guide lines.

Miss Spratt had nothing to add regarding penalty.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions.  The mitigating factors are Miss Spratt's clear record under this rule, her admission of the breach and the fact that the number of strikes was in the low to medium range.  In addition when the committee reviewed the films it was clear that the severity of strikes was also at the low end. 

However Miss Spratt was outside the whip guidelines.

The committee read out the new penalty guidelines for whip charges which specifies a starting point for a first breach is a $500 or a 2 day suspension.

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: 3157b43ed1032a15459e40d8912d8bfe


informantnumber: 4376


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use Of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 21/05/2015


hearing_title: Whangarei RC 20 May 2015 - R 3


charge:


facts:

Following race 3, the Whangarei Love It Here 2100, an information was filed pursuant to rule 638 (3) (b) (2).  The informant alleged that Miss Spratt used the whip excessively on her mount BATCHELOR'S DREAM.

The rule reads:  a rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

Mr Oatham demonstrated the video films which showed Miss Spratt striking her mount BATCHELOR'S DREAM approximately 12 times before the 200 metres. 

Miss Spratt told the committee the breach was obvious on the film.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Miss Spratt's record which showed no previous breaches in the last 12 months.  He said the force of the strikes was not excessive and he assessed the breach to be at the low end.  Mr Coles said he would let the committee decide on an appropriate monetary penalty.  In response to a question from the committee Mr Coles conceded the strikes were not continuous but Miss Spratt did not give her mount the required respite under the guide lines.

Miss Spratt had nothing to add regarding penalty.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions.  The mitigating factors are Miss Spratt's clear record under this rule, her admission of the breach and the fact that the number of strikes was in the low to medium range.  In addition when the committee reviewed the films it was clear that the severity of strikes was also at the low end. 

However Miss Spratt was outside the whip guidelines.

The committee read out the new penalty guidelines for whip charges which specifies a starting point for a first breach is a $500 or a 2 day suspension.


penalty:

After taking the significant mitigating factors outlined above into account the committee considers a $200 reduction from the starting point is appropriate. 

Accordingly we impose a fine of $300.


hearing_type: Hearing


Rules: 638 (3) (b) (2)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Miss S Spratt Class A rider


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2ece1e3625e62acb17aeb638d0672eac


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7162fc23c7c5b7e5f838bbbaed622b22


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/05/2015


meet_title: Whangarei RC - 20 May 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC