Archive Decision

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Counties RC 6 August 2011 – R 5

ID: JCA15324

Applicant:
Mr Oatham - Stipendiary Steward

Respondent(s):
Mr D Nolan - Licensed rider of TALE OF TERROR

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
484

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 6 August 2011

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2011/08/06

Race Number:
R 5

Decision:

As the breach was admitted we find the charge proved.

Penalty:

After balancing all the above factors and placing emphasis on Mr Nolan’s excellent record and the breach was at the low end of the scale we impose a fine of $150.00.The committee advised Mr Nolan that any further breaches of this rule would result in an increased fine.

Charge:

Following race 5 the informant Mr J Oatham lodged an information pursuant to rule 638(3)(b).He alleged that Mr Nolan used his whip on TALE OF TERROR in an excessive manner.

Facts:

Mr Williamson demonstrated the video films and pointed out to the committee Mr Nolan striking his mount 14 times from the 500 metres until the final 200 metres. He said Mr Nolan failed to give his mount the required respite of 6 strides prior to the final 200 metres.
Mr Nolan when asked conceded that when Mr Oatham showed him the films he was not fully aware of the required respite needed prior to the last 200 metres.

Submissions for Penalty:

Mr Oatham said Mr Nolan had never been charged before under this rule, which is a very good record. He said the long straight and heavy track may have contributed to the incident He submitted the breach was at the low end of the scale and a monetary penalty reflecting that would be appropriate.
Mr Nolan when asked for submissions had nothing to say.

Reasons for Penalty:

The committee carefully considered all evidence and submissions presented. Mitigating factors are Mr Nolan’s excellent record , his admission of the breach , we have assessed the breach to be at the lower end of the scale. The aggravating factor however was that Mr Nolan failed to give his mount the required respite prior to the final 200 metres.

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: 843e5dd3d8e532c76c975c263c18af41


informantnumber: 484


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 05/08/2011


hearing_title: Counties RC 6 August 2011 - R 5


charge:

Following race 5 the informant Mr J Oatham lodged an information pursuant to rule 638(3)(b).He alleged that Mr Nolan used his whip on TALE OF TERROR in an excessive manner.


facts:

Mr Williamson demonstrated the video films and pointed out to the committee Mr Nolan striking his mount 14 times from the 500 metres until the final 200 metres. He said Mr Nolan failed to give his mount the required respite of 6 strides prior to the final 200 metres.
Mr Nolan when asked conceded that when Mr Oatham showed him the films he was not fully aware of the required respite needed prior to the last 200 metres.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham said Mr Nolan had never been charged before under this rule, which is a very good record. He said the long straight and heavy track may have contributed to the incident He submitted the breach was at the low end of the scale and a monetary penalty reflecting that would be appropriate.
Mr Nolan when asked for submissions had nothing to say.


reasonsforpenalty:

The committee carefully considered all evidence and submissions presented. Mitigating factors are Mr Nolan’s excellent record , his admission of the breach , we have assessed the breach to be at the lower end of the scale. The aggravating factor however was that Mr Nolan failed to give his mount the required respite prior to the final 200 metres.


penalty:

After balancing all the above factors and placing emphasis on Mr Nolan’s excellent record and the breach was at the low end of the scale we impose a fine of $150.00.The committee advised Mr Nolan that any further breaches of this rule would result in an increased fine.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr Oatham - Stipendiary Steward


JockeysandTrainer: Mr D Nolan - Licensed rider of TALE OF TERROR


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e20a835046bfd954cc20acfa6c94a99a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 26accfca52e1ae27742214beed757f6a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/08/2011


meet_title: Counties RC - 6 August 2011


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