R Te Aroha 27 May 2015 – R 10
ID: JCA15336
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 27 May 2015
Meet Chair:
ADooley
Race Date:
2015/05/27
Race Number:
R10
Decision:
As Mr Hutton admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Hutton was fined $300.
Facts:
Following the running of race 10, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638(3) (b) (i). The Informant, Mr Williamson, alleged that Mr Hutton used the whip to an extent which is unnecessary.
Mr Hutton acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Harris assisted Mr Hutton at the hearing.
Rule 638(3) (b)(i) provides A Rider shall not: strike a horse with a whip in a manner or to an extent which is unnecessary.
Mr Oatham demonstrated on the video films that Mr Hutton’s mount was racing at the rear of the field in the final straight and not responding to the whip. The Stewards concern was when Mr Hutton went to relax his ride he struck his mount for a further 3 strides.
Mr Hutton said the Trainer had instructed him to keep the horse going to the finish line. He stated that his mount was under pressure a long way from home. He conceded that his style was sloppy and added that he struck his mount on the shoulder area.
Mr Harris advised the Committee that Mr Hutton had approached him during the day as his horses were not performing well. He said Mr Hutton erred by becoming angry and frustrated when striking his mount when it was unnecessary. He acknowledged the whip style Mr Hutton used for 3 strikes was not a good look.
Submissions for Penalty:
Mr Williamson produced Mr Hutton’s record which showed no previous breach under this Rule in the last 12 months. He said in today’s incident the 3 strikes didn’t look particularly good and believed there was some element of frustration involved. He submitted a monetary penalty at the low end would be appropriate.
Mr Hutton and Mr Harris agreed with Mr Williamson’s submissions and had nothing further to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Hutton’s admission of the breach, the 3 strikes is at the lowest end of the scale and his clear record under this Rule. The aggravating fact is that Mr Hutton’s mount was well out of contention and the 3 strikes were forceful and clearly uncalled-for.
The Committee did inform Mr Hutton that the JCA Penalty Guide recommended starting point is a $500 fine for a rider's 1st offence. The Committee referred to the JCA listing of penalties for similar breaches under this Rule before determining penalty. The mitigating factors in this case allow a reduction in penalty and Mr Hutton was fortunate there were only 3 strikes involved.
The Committee did have regard for the fact Mr Hutton is an Apprentice rider and he showed remorse at the hearing. However, Mr Hutton was advised that any further whip breaches in the near future would result in a higher penalty and public perception was paramount.
After taking into account all the above the Committee considers an appropriate penalty was a $300 fine on this occasion.
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: 868077a54ad9ee6c0bc565ad40b41f08
informantnumber: A3587
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unnecessary use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/05/2015
hearing_title: R Te Aroha 27 May 2015 - R 10
charge:
facts:
Following the running of race 10, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638(3) (b) (i). The Informant, Mr Williamson, alleged that Mr Hutton used the whip to an extent which is unnecessary.
Mr Hutton acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Harris assisted Mr Hutton at the hearing.
Rule 638(3) (b)(i) provides A Rider shall not: strike a horse with a whip in a manner or to an extent which is unnecessary.
Mr Oatham demonstrated on the video films that Mr Hutton’s mount was racing at the rear of the field in the final straight and not responding to the whip. The Stewards concern was when Mr Hutton went to relax his ride he struck his mount for a further 3 strides.
Mr Hutton said the Trainer had instructed him to keep the horse going to the finish line. He stated that his mount was under pressure a long way from home. He conceded that his style was sloppy and added that he struck his mount on the shoulder area.
Mr Harris advised the Committee that Mr Hutton had approached him during the day as his horses were not performing well. He said Mr Hutton erred by becoming angry and frustrated when striking his mount when it was unnecessary. He acknowledged the whip style Mr Hutton used for 3 strikes was not a good look.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hutton admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Hutton’s record which showed no previous breach under this Rule in the last 12 months. He said in today’s incident the 3 strikes didn’t look particularly good and believed there was some element of frustration involved. He submitted a monetary penalty at the low end would be appropriate.
Mr Hutton and Mr Harris agreed with Mr Williamson’s submissions and had nothing further to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Hutton’s admission of the breach, the 3 strikes is at the lowest end of the scale and his clear record under this Rule. The aggravating fact is that Mr Hutton’s mount was well out of contention and the 3 strikes were forceful and clearly uncalled-for.
The Committee did inform Mr Hutton that the JCA Penalty Guide recommended starting point is a $500 fine for a rider's 1st offence. The Committee referred to the JCA listing of penalties for similar breaches under this Rule before determining penalty. The mitigating factors in this case allow a reduction in penalty and Mr Hutton was fortunate there were only 3 strikes involved.
The Committee did have regard for the fact Mr Hutton is an Apprentice rider and he showed remorse at the hearing. However, Mr Hutton was advised that any further whip breaches in the near future would result in a higher penalty and public perception was paramount.
After taking into account all the above the Committee considers an appropriate penalty was a $300 fine on this occasion.
penalty:
Accordingly, Mr Hutton was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(I)
Informant: Mr M Williamson - Sitpendiary Steward
JockeysandTrainer: Mr B Hutton - Apprentice Rider of PUZZLENTE
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9cdfc1a367e4293d71a4e73340b9243d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7f75962e91f10897884a17ae6502faee
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/05/2015
meet_title: Racing Te Aroha - 27 May 2015
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