Counties RC 10 August 2013 – R 6
ID: JCA13728
Code:
Thoroughbred
Meet Title:
Counties RC - 10 August 2013
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2013/08/10
Race Number:
R6
Decision:
As Ms Spratt admitted the breach we find the charge proved.
Penalty:
We grant Ms Spratt's request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Ms Spratt which will commence after racing on 17 August and conclude after racing on 24 August 2013 (4 days).
The penalty did not include any South Island meetings as Ms Spratt confirmed that she did not intend riding at any upcoming South Island meetings.
Charge:
Following race 6, Professionals Osborne Reality Ltd 1400, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Ms Spratt used her whip in an excessive manner prior to the 200 metres on her mount CORNELIUS.
Ms Spratt acknowledged that she 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:
Ms Spratt confirmed that she admitted the breach.
Mr Oatham demonstrated on the video films Ms Spratt struck her mount with the whip 14 times from the 400 metres to the 200 metres. He said this was well outside the guidelines.
Ms Spratt acknowledged that she struck her mount with the whip 14 times prior to the final 200 metres.
Submissions for Penalty:
Mr Coles produced Ms Spratt's record which showed this was her 6th breach under this Rule in the last 12 months, namely 22 December 2012 at Manawatu (fined $150), 10 January 2013 at Te Rapa (fined $225), 9 March 2013 at Ellerslie (fined $300) and 22 May 2013 at Avondale (4 day suspension) 29 June at Whangarei (4 day suspension).
He said that Ms Spratt was accumulating a poor record under this Rule due to her failing to ride within the guidelines. He stated Ms Spratt is a busy rider and had admitted the breach.
Mr Coles submitted a 4 day suspension was warranted for today's offence taking into account Ms Spratt's record.
Ms Spratt recognised a suspension was inevitable given her recent record. Ms Spratt requested that if she was to be suspended, the Committee grant her a 7 day deferment as she had firm commitments up to and including August 17.
In response to a question from the Committee, Ms Spratt confirmed she had no intention of riding on August 23 at Timaru.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Ms Spratt's admission of the breach. The number of strikes (14) is assessed as low to mid range, the severity is assessed as mid range. The significant aggravating fact is Ms Spratt's 6th breach in the last 12 months which is clearly assessed as poor.
We referred to the JCA listing of penalties for similar breaches which showed riders with similar records attracted 4 day suspensions.
In light of Ms Spratt's poor record we considered the merits of a more lengthy suspension. We expressed our concerns to Ms Spratt that she had not learnt from her 2 previous suspensions. The Committee emphasised to Ms Spratt that she needed to take special notice of today’s breach.
The Committee had regard for Ms Spratt's potential loss of earnings as a result of a further suspension. Based on 4 rides at a meeting, and without factoring in percentages we highlighted to Ms Spratt that today's breach would cost her approximately $2,400.
Finally, the Committee advised Ms Spratt if she was to breach this Rule again it would certainly warrant a higher penalty.
After taking into account all the above factors we consider an appropriate penalty is a 4 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: 5d59c439ef6113a885d0024fb6e910ef
informantnumber: A2768
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: Counties RC 10 August 2013 - R 6
charge:
Following race 6, Professionals Osborne Reality Ltd 1400, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Ms Spratt used her whip in an excessive manner prior to the 200 metres on her mount CORNELIUS.
Ms Spratt acknowledged that she 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:
Ms Spratt confirmed that she admitted the breach.
Mr Oatham demonstrated on the video films Ms Spratt struck her mount with the whip 14 times from the 400 metres to the 200 metres. He said this was well outside the guidelines.
Ms Spratt acknowledged that she struck her mount with the whip 14 times prior to the final 200 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Spratt admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Ms Spratt's record which showed this was her 6th breach under this Rule in the last 12 months, namely 22 December 2012 at Manawatu (fined $150), 10 January 2013 at Te Rapa (fined $225), 9 March 2013 at Ellerslie (fined $300) and 22 May 2013 at Avondale (4 day suspension) 29 June at Whangarei (4 day suspension).
He said that Ms Spratt was accumulating a poor record under this Rule due to her failing to ride within the guidelines. He stated Ms Spratt is a busy rider and had admitted the breach.
Mr Coles submitted a 4 day suspension was warranted for today's offence taking into account Ms Spratt's record.
Ms Spratt recognised a suspension was inevitable given her recent record. Ms Spratt requested that if she was to be suspended, the Committee grant her a 7 day deferment as she had firm commitments up to and including August 17.
In response to a question from the Committee, Ms Spratt confirmed she had no intention of riding on August 23 at Timaru.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Ms Spratt's admission of the breach. The number of strikes (14) is assessed as low to mid range, the severity is assessed as mid range. The significant aggravating fact is Ms Spratt's 6th breach in the last 12 months which is clearly assessed as poor.
We referred to the JCA listing of penalties for similar breaches which showed riders with similar records attracted 4 day suspensions.
In light of Ms Spratt's poor record we considered the merits of a more lengthy suspension. We expressed our concerns to Ms Spratt that she had not learnt from her 2 previous suspensions. The Committee emphasised to Ms Spratt that she needed to take special notice of today’s breach.
The Committee had regard for Ms Spratt's potential loss of earnings as a result of a further suspension. Based on 4 rides at a meeting, and without factoring in percentages we highlighted to Ms Spratt that today's breach would cost her approximately $2,400.
Finally, the Committee advised Ms Spratt if she was to breach this Rule again it would certainly warrant a higher penalty.
After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.
penalty:
We grant Ms Spratt's request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Ms Spratt which will commence after racing on 17 August and conclude after racing on 24 August 2013 (4 days).
The penalty did not include any South Island meetings as Ms Spratt confirmed that she did not intend riding at any upcoming South Island meetings.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms Spratt - Licensed Rider
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ce419b01eda8d6ed4c4bf7a21b198022
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4c785375e7b8215781c6ca7bfa4929bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2013
meet_title: Counties RC - 10 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC