Archive Decision

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Whangarei RC 21 May 2014 – R 9

ID: JCA13556

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr M Hills - Rider of SMILE AND WAVE

Information Number:
A4113

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 21 May 2014

Meet Chair:
ADooley

Race Date:
2014/05/21

Race Number:
Race 9

Decision:

As Mr Hills admitted the breach the Committee finds the charge proved.

Penalty:

Accordingly, Mr Hills is fined the sum of $150.

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 Hills used the whip in an excessive manner prior to the 200 metres on his mount SMILE AND WAVE.

Mr Hills acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

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 Hills used his whip 11 times prior to the 200 metres. He said Mr Hills struck his mount every second or third stride which was outside the guidelines.

Mr Hills said he agreed with the evidence of the Stewards.

Submissions for Penalty:

Mr Coles produced Mr Hills record which showed no previous breach under this Rule in the last 12 months. He submitted a fine of $150 based on previous penalties imposed for a first breach of this Rule.

Mr Hills submitted a monetary penalty at the low end is appropriate.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Hills' admission of the breach and his clear record under this Rule. The number of strikes (11) is assessed as low range and the severity is assessed at the low end because Mr Hills did strike his mount every second or third stride.

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 $150 is appropriate.

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: 45525cf5d7e1af9825c818bcb0778dfe


informantnumber: A4113


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 Hills used the whip in an excessive manner prior to the 200 metres on his mount SMILE AND WAVE.

Mr Hills acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

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 Hills used his whip 11 times prior to the 200 metres. He said Mr Hills struck his mount every second or third stride which was outside the guidelines.

Mr Hills said he agreed with the evidence of the Stewards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hills admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Hills record which showed no previous breach under this Rule in the last 12 months. He submitted a fine of $150 based on previous penalties imposed for a first breach of this Rule.

Mr Hills submitted a monetary penalty at the low end is appropriate.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Hills' admission of the breach and his clear record under this Rule. The number of strikes (11) is assessed as low range and the severity is assessed at the low end because Mr Hills did strike his mount every second or third stride.

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 $150 is appropriate.


penalty:

Accordingly, Mr Hills is fined the sum of $150.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr M Hills - Rider of SMILE AND WAVE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: def990ddb0ada31e2b4e7a2c12dcafcc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 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