Counties RC 21 September 2013 – R 7
ID: JCA15312
Code:
Thoroughbred
Meet Title:
Counties RC - 21 September 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/09/21
Race Number:
R7
Decision:
As Ms Chiong admitted the breach we find the charge proved.
Penalty:
Accordingly, Ms Chiong is fined $250.
Charge:
Following race 6, Westbury Stud Karaka Classic 1600, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Williamson, alleged that Ms K Chiong used her whip in an excessive manner prior to the 200 metres when riding DANZA LAD.
Ms Chiong 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 Chiong admitted the breach and was assisted at the hearing by Mr S Autridge who spoke on her behalf.
Mr Robinson demonstrated on the video films that Ms Chiong used her whip 16 times prior to the 200 metres. He said this was well outside the guidelines.
Mr Autridge told the Committee that Ms Chiong is a young apprentice rider who was trying her best in a Listed race. He acknowledged that Ms Chiong did strike her mount with the whip 16 times prior to the 200 metres.
Submissions for Penalty:
Mr Williamson produced Ms Chiong's record which showed she had 1 previous breach under this Rule in the last 12 months. This breach occurred on 27 July and resulted in a $150 fine. He submitted a fine of not less than $225 would be an appropriate penalty for today’s breach.
Mr Autridge said he accepted Mr Williamson's submission on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Chiong's admission of the breach and we assessed the severity of strikes as low range. The aggravating factors are this is Ms Chiong's 2nd breach under this Rule in the last 12 months and the number of strikes (17) is assessed as mid range.
The Committee informed Ms Chiong that the JCA penalty guide recommended a separate starting point for a 2nd breach within a year. This being a $500 fine or 2 riding days suspension. However, in assessing the gravity of the breach regard is to be had to the number of rides a defendant has had in this time.
We did have regard for Ms Chiong's status as an apprentice rider. We also note this was a Listed race worth $50,000 and DANZA LAD was placed 4th in the race.
The recommended starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $250.
After taking into account all the above factors we consider an appropriate penalty is a $250 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: 82704bc2f55635d8440447d3c67470ae
informantnumber: A2848
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2013
hearing_title: Counties RC 21 September 2013 - R 7
charge:
Following race 6, Westbury Stud Karaka Classic 1600, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Williamson, alleged that Ms K Chiong used her whip in an excessive manner prior to the 200 metres when riding DANZA LAD.
Ms Chiong 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 Chiong admitted the breach and was assisted at the hearing by Mr S Autridge who spoke on her behalf.
Mr Robinson demonstrated on the video films that Ms Chiong used her whip 16 times prior to the 200 metres. He said this was well outside the guidelines.
Mr Autridge told the Committee that Ms Chiong is a young apprentice rider who was trying her best in a Listed race. He acknowledged that Ms Chiong did strike her mount with the whip 16 times prior to the 200 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Chiong admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Ms Chiong's record which showed she had 1 previous breach under this Rule in the last 12 months. This breach occurred on 27 July and resulted in a $150 fine. He submitted a fine of not less than $225 would be an appropriate penalty for today’s breach.
Mr Autridge said he accepted Mr Williamson's submission on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Chiong's admission of the breach and we assessed the severity of strikes as low range. The aggravating factors are this is Ms Chiong's 2nd breach under this Rule in the last 12 months and the number of strikes (17) is assessed as mid range.
The Committee informed Ms Chiong that the JCA penalty guide recommended a separate starting point for a 2nd breach within a year. This being a $500 fine or 2 riding days suspension. However, in assessing the gravity of the breach regard is to be had to the number of rides a defendant has had in this time.
We did have regard for Ms Chiong's status as an apprentice rider. We also note this was a Listed race worth $50,000 and DANZA LAD was placed 4th in the race.
The recommended starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $250.
After taking into account all the above factors we consider an appropriate penalty is a $250 fine.
penalty:
Accordingly, Ms Chiong is fined $250.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Ms K Chiong - Licensed Apprentice Rider
Otherperson: Mr S Autridge - assisting Ms Chiong, Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 052239be1a2895a13a22b999a9de39c4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 052bbd777941791bab08ab0fb7500e6b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/09/2013
meet_title: Counties RC - 21 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Counties RC