Waikato RC 28 October 2013 – R 3
ID: JCA12868
Code:
Thoroughbred
Meet Title:
Waikato RC - 28 October 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GTankard
Race Date:
2013/10/28
Race Number:
R3
Decision:
As Mr Cheung admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Cheung was fined $150.
Charge:
Following race 3, Seafood Bazar 1600, an information was filed pursuant to Rule 638(3) (b). The Informant, Mr Oatham, alleged that Mr Cheung used his whip in an excessive manner prior to the 200 metres when riding MY SCOTSGREY.
Mr Cheung acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Facts:
Mr Ritchie assisted Mr Cheung during the hearing and spoke on his behalf.
Mr Oatham demonstrated on the video films that Mr Cheung used his whip 15 times prior to the 200 metres.
Mr Ritchie informed us that Mr Cheung clearly made an error. Mr Ritchie added that he had instructed Mr Cheung to ride MY SCOTSGREY aggressively.
Submissions for Penalty:
Mr Oatham produced Mr Cheung's record which showed he had a clear record under this Rule. He said that the number of strikes were mid range and noted MY SCOTSGREY was responding to the whip albeit outside the guidelines. He submitted a fine in the range of $150 to $200.
Mr Ritchie did not wish to make any submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cheung's admission of the breach and his clear record under this Rule. The number of strikes (15) is assessed as mid range and the severity is assessed as low range.
We informed Mr Cheung that the JCA penalty guide recommended a starting point for a 1st breach is a $300 fine. The starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed fines ranged from $150 to $200. We note Mr Cheung is a relatively inexperienced apprentice rider.
After taking into account all the above factors we consider an appropriate penalty is $150 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: 62dc5bb2090b6f9caafcfabfb3a70ea1
informantnumber: A2905
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 27/10/2013
hearing_title: Waikato RC 28 October 2013 - R 3
charge:
Following race 3, Seafood Bazar 1600, an information was filed pursuant to Rule 638(3) (b). The Informant, Mr Oatham, alleged that Mr Cheung used his whip in an excessive manner prior to the 200 metres when riding MY SCOTSGREY.
Mr Cheung acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
facts:
Mr Ritchie assisted Mr Cheung during the hearing and spoke on his behalf.
Mr Oatham demonstrated on the video films that Mr Cheung used his whip 15 times prior to the 200 metres.
Mr Ritchie informed us that Mr Cheung clearly made an error. Mr Ritchie added that he had instructed Mr Cheung to ride MY SCOTSGREY aggressively.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cheung admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Cheung's record which showed he had a clear record under this Rule. He said that the number of strikes were mid range and noted MY SCOTSGREY was responding to the whip albeit outside the guidelines. He submitted a fine in the range of $150 to $200.
Mr Ritchie did not wish to make any submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cheung's admission of the breach and his clear record under this Rule. The number of strikes (15) is assessed as mid range and the severity is assessed as low range.
We informed Mr Cheung that the JCA penalty guide recommended a starting point for a 1st breach is a $300 fine. The starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed fines ranged from $150 to $200. We note Mr Cheung is a relatively inexperienced apprentice rider.
After taking into account all the above factors we consider an appropriate penalty is $150 fine.
penalty:
Accordingly, Mr Cheung was fined $150.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr M Cheung - Licensed Apprentice Rider
Otherperson: Mr M Williamson - Stipendiary Steward, Mr S Ritchie - Trainer assisting Mr Cheung
PersonPresent:
Respondent:
StipendSteward:
raceid: 37d4f60025a8489c0a4305b90a9a97ae
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: 3d99e6470397667c1435aa79b97768bf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2013
meet_title: Waikato RC - 28 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GTankard
meet_pm2: none
name: Waikato RC