Archive Decision

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R Te Aroha 15 July 2013 – R 3

ID: JCA14614

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms E Farr - Class D Rider

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A2760

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 15 July 2013

Meet Chair:
ADooley

Race Date:
2013/07/15

Race Number:
R3

Decision:

As Ms Farr admitted the breach the charge is proved.

Penalty:

Accordingly, Ms Farr was fined $200.

Charge:

Following race 3, Oakvue Lodge 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Ms Farr used the whip in an excessive manner prior to the 200 metres on her mount QUANDO.

Ms Farr 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:

Mr Oatham demonstrated on the video films that Ms Farr used her whip at least 25 times prior to the 200 metres. He said that the strikes were “back handers” and assessed them as not being aggressive but well outside the guidelines.

Ms Farr acknowledged that she struck her mount 25 times prior to the 200 metres. She added that the strikes were in a 'flicking” motion and not with force.

Submissions for Penalty:

Mr Coles produced Ms Farr's record which showed she had a clear record under this Rule from her 6 rides in New Zealand. He said Ms Farr had been forthright with Stewards however he stated the breach was well outside the guidelines. He submitted a fine of $150 to $200 would be an appropriate penalty.

Ms Farr submitted her mount was an “idle horse” which needed encouragement.

Reasons for Penalty:

The Committee carefully considered all the submissions presented and had regard for Ms Farr's limited riding opportunities as a jumps and highweight rider. The mitigating factors are Ms Farr's admission of the breach which was inevitable given the number of strikes, her clear record under this Rule from limited rides and the severity is assessed as low range. The notable aggravating fact is the number of strikes (25) which is clearly assessed as high range.

The Committee note that the JCA penalty guide recommends a starting point for a 1st breach is a $300 fine. Similar breaches under this Rule were also considered.

The starting point is adjusted downwards because of the mitigating factors.

After taking into account all the above factors the Committee considers an appropriate penalty is a $200 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: 9a4861fd1b82b129ed54a80ee2af8283


informantnumber: A2760


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2013


hearing_title: R Te Aroha 15 July 2013 - R 3


charge:

Following race 3, Oakvue Lodge 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Ms Farr used the whip in an excessive manner prior to the 200 metres on her mount QUANDO.

Ms Farr 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:

Mr Oatham demonstrated on the video films that Ms Farr used her whip at least 25 times prior to the 200 metres. He said that the strikes were “back handers” and assessed them as not being aggressive but well outside the guidelines.

Ms Farr acknowledged that she struck her mount 25 times prior to the 200 metres. She added that the strikes were in a 'flicking” motion and not with force.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Farr admitted the breach the charge is proved.


sumissionsforpenalty:

Mr Coles produced Ms Farr's record which showed she had a clear record under this Rule from her 6 rides in New Zealand. He said Ms Farr had been forthright with Stewards however he stated the breach was well outside the guidelines. He submitted a fine of $150 to $200 would be an appropriate penalty.

Ms Farr submitted her mount was an “idle horse” which needed encouragement.


reasonsforpenalty:

The Committee carefully considered all the submissions presented and had regard for Ms Farr's limited riding opportunities as a jumps and highweight rider. The mitigating factors are Ms Farr's admission of the breach which was inevitable given the number of strikes, her clear record under this Rule from limited rides and the severity is assessed as low range. The notable aggravating fact is the number of strikes (25) which is clearly assessed as high range.

The Committee note that the JCA penalty guide recommends a starting point for a 1st breach is a $300 fine. Similar breaches under this Rule were also considered.

The starting point is adjusted downwards because of the mitigating factors.

After taking into account all the above factors the Committee considers an appropriate penalty is a $200 fine.


penalty:

Accordingly, Ms Farr was fined $200.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms E Farr - Class D Rider


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 35eaf42ce45e6af52b2225a5e40c2382


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: eaa809f06eaf5b9e19f129eaa15ec232


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/07/2013


meet_title: Racing Te Aroha - 15 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Racing Te Aroha