Archive Decision

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Ashburton RC 13 September 2013 – R 1

ID: JCA13914

Applicant:
J McLaughlin - Stipendiary Steward

Respondent(s):
JC Bates - Licensed Jockey

Information Number:
A1912

Hearing Type:
Hearing

Rules:
Rule 638(3) A rider shall not:, (b)strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 13 September 2013

Meet Chair:
KHales

Meet Committee Member 1:
PWilliams

Race Date:
2013/09/13

Race Number:
R1

Decision:

As Mr Bates admitted the charge, it was deemed to be proved.

Penalty:

Mr Bates is fined $200.

Charge:

It was alleged that Mr JC Bates as the rider of "Blu Mach" used his whip in a manner which Stewards deemed to be excessive.

Facts:

Following the running of Race 1, the "Stapletons Limited Maiden 1600", Licensed Jockey JC Bates was charged with  a breach of Rule 638(3)(b). It was alleged that Mr Bates used his whip excessively, and contrary to the "Use of the whip" guidelines.

The Stipendiary Stewards alleged that Mr Bates struck his mount at least 16 times in a continuous manner prior to the 200 metre mark, and did not return his hand to the whip rein at any time, as required by the guidelines.

In response, Mr Bates agreed that he had used his whip in the manner alleged. He said that his horse was a lazy horse and that he had to "work" to keep his mount going. Mr Bates went on to win the race.

Submissions for Penalty:

Mr McLaughlin advised the hearing that Mr Bates had been away from race riding for approximately 18 months. Mr McLaughlin also said that Mr Bates should be given credit for his early admission  of the breach. The Stipendiary Stewards submitted that a fine of $200 should be imposed.

Mr Bates confirmed that he had returned to race riding in July, after an 18 month lay off. He considered that perhaps a fine of $150 might be appropriate.

Reasons for Penalty:

The starting point for the imposition of penalty in terms of the Penalty Guide for Judicial Committees for a first breach within a year, is a fine of $300. We must then look at any aggravating and mitigating factors in setting penalty.

In this case there were no aggravating factors which warrant an uplift on the starting point. The mitigating factors are Mr Bates early admission of the breach and his frank and co-operative attitude in the Judicial hearing. These factors enable us to afford a discount of $100 on our starting point.

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: 7ff15e7145f848b03e77e787bbc3f383


informantnumber: A1912


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 01/09/2013


hearing_title: Ashburton RC 13 September 2013 - R 1


charge:

It was alleged that Mr JC Bates as the rider of "Blu Mach" used his whip in a manner which Stewards deemed to be excessive.


facts:

Following the running of Race 1, the "Stapletons Limited Maiden 1600", Licensed Jockey JC Bates was charged with  a breach of Rule 638(3)(b). It was alleged that Mr Bates used his whip excessively, and contrary to the "Use of the whip" guidelines.

The Stipendiary Stewards alleged that Mr Bates struck his mount at least 16 times in a continuous manner prior to the 200 metre mark, and did not return his hand to the whip rein at any time, as required by the guidelines.

In response, Mr Bates agreed that he had used his whip in the manner alleged. He said that his horse was a lazy horse and that he had to "work" to keep his mount going. Mr Bates went on to win the race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bates admitted the charge, it was deemed to be proved.


sumissionsforpenalty:

Mr McLaughlin advised the hearing that Mr Bates had been away from race riding for approximately 18 months. Mr McLaughlin also said that Mr Bates should be given credit for his early admission  of the breach. The Stipendiary Stewards submitted that a fine of $200 should be imposed.

Mr Bates confirmed that he had returned to race riding in July, after an 18 month lay off. He considered that perhaps a fine of $150 might be appropriate.


reasonsforpenalty:

The starting point for the imposition of penalty in terms of the Penalty Guide for Judicial Committees for a first breach within a year, is a fine of $300. We must then look at any aggravating and mitigating factors in setting penalty.

In this case there were no aggravating factors which warrant an uplift on the starting point. The mitigating factors are Mr Bates early admission of the breach and his frank and co-operative attitude in the Judicial hearing. These factors enable us to afford a discount of $100 on our starting point.


penalty:

Mr Bates is fined $200.


hearing_type: Hearing


Rules: Rule 638(3) A rider shall not:, (b)strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper


Informant: J McLaughlin - Stipendiary Steward


JockeysandTrainer: JC Bates - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9479cd8c9ac0836ed0ac455c4c9affca


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4fc374ae67f6683ff33c7bc95fddb9b2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/09/2013


meet_title: Ashburton RC - 13 September 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: PWilliams


meet_pm2: none


name: Ashburton RC