R Te Aroha 10 August 2012 – R 7
ID: JCA14434
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 10 August 2012
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2012/08/10
Race Number:
R 7
Decision:
As Mr Parish admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a fine of $350 on Mr Parish.
The committee advised Mr Parish that any further breaches of this Rule would result in a suspension.
Charge:
Following race 7, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Coles, alleged that Mr Parish used the whip in a manner that was excessive on EMERALD GREEN.
Mr Coles read the rule and Mr Parish acknowledged that he understood it.
Facts:
Mr Williamson demonstrated the incident by using the available video films. He pointed out to the committee that Mr Parish struck his mount 17 times from the 500 metre mark to the 200 metre mark, without giving the required respite of 6 strides. However, he conceded that Mr Parish did pause for 3 strides between his strikes.
Mr Parish told the committee that his horse was lazy and held onto his head as he was struggling in the ground. He acknowledged to the committee that he misjudged the number of strides.
Submissions for Penalty:
Mr Coles produced Mr Parish's record which showed he had 1 previous breach under this rule in the last 12 months. He deemed the charge as not being excessive and rated it in the low to mid range. He submitted an appropriate penalty was a $200 to $300 fine.
Mr Parish submitted he would appreciate a fine at the low end. He further stated that if a fine of over $300 was to be imposed he would prefer a suspension.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Parish’s admission of the breach, the frequency of strikes was assessed as low end because we viewed him pausing for 3 strides. However, the significant aggravating factor is that Mr Parish offended under this Rule in February 2012.
The committee reviewed the video films and independently counted 12 strikes from the top of the straight until the 200 metres. We did not include the 5 strikes before the top of the straight because Mr Parish was within the guidelines at that point of the race. We assess the breach in the low to mid range, noting that EMERALD GREEN was in contention to finish in a dividend bearing place. We referred to the JCA penalty guide, which recommended for a 2nd breach a starting point of 2 days suspension or a $500 fine, dependent on personal aggravating and mitigating factors. After taking all the above factors into account we assess an appropriate penalty is a fine of $350.
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: 829ee3b4e1b501c464db2c14168ef79c
informantnumber: A2046
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: R Te Aroha 10 August 2012 - R 7
charge:
Following race 7, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Coles, alleged that Mr Parish used the whip in a manner that was excessive on EMERALD GREEN.
Mr Coles read the rule and Mr Parish acknowledged that he understood it.
facts:
Mr Williamson demonstrated the incident by using the available video films. He pointed out to the committee that Mr Parish struck his mount 17 times from the 500 metre mark to the 200 metre mark, without giving the required respite of 6 strides. However, he conceded that Mr Parish did pause for 3 strides between his strikes.
Mr Parish told the committee that his horse was lazy and held onto his head as he was struggling in the ground. He acknowledged to the committee that he misjudged the number of strides.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Parish admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Parish's record which showed he had 1 previous breach under this rule in the last 12 months. He deemed the charge as not being excessive and rated it in the low to mid range. He submitted an appropriate penalty was a $200 to $300 fine.
Mr Parish submitted he would appreciate a fine at the low end. He further stated that if a fine of over $300 was to be imposed he would prefer a suspension.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Parish’s admission of the breach, the frequency of strikes was assessed as low end because we viewed him pausing for 3 strides. However, the significant aggravating factor is that Mr Parish offended under this Rule in February 2012.
The committee reviewed the video films and independently counted 12 strikes from the top of the straight until the 200 metres. We did not include the 5 strikes before the top of the straight because Mr Parish was within the guidelines at that point of the race. We assess the breach in the low to mid range, noting that EMERALD GREEN was in contention to finish in a dividend bearing place. We referred to the JCA penalty guide, which recommended for a 2nd breach a starting point of 2 days suspension or a $500 fine, dependent on personal aggravating and mitigating factors. After taking all the above factors into account we assess an appropriate penalty is a fine of $350.
penalty:
Accordingly, we impose a fine of $350 on Mr Parish.
The committee advised Mr Parish that any further breaches of this Rule would result in a suspension.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr C Parish - Licensed Rider
Otherperson: Mr Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4197dc00b49c85eef8cd3324e27ba41a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ee71daf6d7fc286b8a49f1395f77707b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2012
meet_title: Racing Te Aroha - 10 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Racing Te Aroha