Whangarei RC 21 May 2014 – R 9
ID: JCA12527
Code:
Thoroughbred
Meet Title:
Whangarei RC - 21 May 2014
Meet Chair:
ADooley
Race Date:
2014/05/21
Race Number:
R 9
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Magorrian is fined the sum of $275.
Facts:
Following the running of race 9, The Northern Advocate 1400, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Magorrian used the whip excessively prior to the 200 metres on his mount LETHAL ACTION.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr A Peard assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Coles demonstrated on the video films that Mr Magorrian used his whip 12 times prior to the 200 metres. He said Mr Magorrian struck his mount every second stride.
Mr Magorrian acknowledged he struck his mount 12 times prior to the 200 metres.
Mr Peard stated that Mr Magorrian does not get a lot of rides and therefore is anxious to do his best when given the opportunity. Mr Peard added that he would help Mr Magorrian in trying to improve his record under this Rule.
Submissions for Penalty:
Mr Coles produced Mr Magorrian's record which showed 1 previous breach under this Rule in the last 12 months. He said this occurred on 12 May 2014 and incurred a $150 fine. Mr Coles submitted a fine of $300 would be appropriate for today’s breach given his record.
Mr Magorrian had nothing to say regarding penalty.
Mr Peard recognised that as Mr Magorrian breached this Rule nine days ago a higher penalty was inevitable.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach and his inexperience as an apprentice rider. The number of strikes (12) is assessed as mid – range and the severity is assessed at the low end. However, the aggravating fact is that this is Mr Magorrian’s second breach under this Rule in the last nine days.
Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $275 is appropriate.
The Committee advised Mr Magorrian that any further breach of this Rule in the near future would result in a higher penalty.
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: 6852a696c7e00897c96cf70edb661f98
informantnumber: A4112
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/05/2014
hearing_title: Whangarei RC 21 May 2014 - R 9
charge:
facts:
Following the running of race 9, The Northern Advocate 1400, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Magorrian used the whip excessively prior to the 200 metres on his mount LETHAL ACTION.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr A Peard assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Coles demonstrated on the video films that Mr Magorrian used his whip 12 times prior to the 200 metres. He said Mr Magorrian struck his mount every second stride.
Mr Magorrian acknowledged he struck his mount 12 times prior to the 200 metres.
Mr Peard stated that Mr Magorrian does not get a lot of rides and therefore is anxious to do his best when given the opportunity. Mr Peard added that he would help Mr Magorrian in trying to improve his record under this Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Magorrian's record which showed 1 previous breach under this Rule in the last 12 months. He said this occurred on 12 May 2014 and incurred a $150 fine. Mr Coles submitted a fine of $300 would be appropriate for today’s breach given his record.
Mr Magorrian had nothing to say regarding penalty.
Mr Peard recognised that as Mr Magorrian breached this Rule nine days ago a higher penalty was inevitable.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach and his inexperience as an apprentice rider. The number of strikes (12) is assessed as mid – range and the severity is assessed at the low end. However, the aggravating fact is that this is Mr Magorrian’s second breach under this Rule in the last nine days.
Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $275 is appropriate.
The Committee advised Mr Magorrian that any further breach of this Rule in the near future would result in a higher penalty.
penalty:
Accordingly, Mr Magorrian is fined the sum of $275.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mr A Peard - Licensed Trainer assisting Mr Magorrian
PersonPresent:
Respondent:
StipendSteward:
raceid: 45ae390d073b1973d68914067e81253d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f265f22b826f91f121e812226bbeac49
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/05/2014
meet_title: Whangarei RC - 21 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Whangarei RC