Archive Decision

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Auckland RC 26 December 2019 – R 4 & R 7 – Chair, Mr A Dooley

ID: JCA15728

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr O Bosson - Class A Rider

Information Number:
A11290

Hearing Type:
Hearing

New Charge:
Failed to make the contracted weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 26 December 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/12/26

Race Number:
R 4

Decision:

As Mr Bosson admitted the breach the Committee found the charge proved.

Penalty:

Mr Bosson was fined the sum of $500.

Facts:

This charge arises from race 4 a Listed Race and race 7 a Group 2 race. An Information was filed pursuant to Rule 330(3)(c).The Informant, Mr Oatham, alleged that Mr Bosson failed to make the contracted weight for FOLK DRESS (Race 4) and SHOWBEEL (Race 7).

Mr Bosson said that he understood the Rule and confirmed he admitted the breach.

Rule 330(3)(c) provides: “A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.

Mr Oatham advised that Mr Bosson failed to make the contracted weight of 56.5 kgs on FOLK DRESS and SHOWBEEL. He said that Mr Bosson advised Stewards earlier in the day that he was unable to make the carded weight of 56.5 kg. He said that Mr Bosson was at least 1 kg over the required weight.

Mr Bosson said that he had just returned to race riding after a 3 weeks suspension and he was struggling to get his weight below the 57 kg mark.

Submissions for Penalty:

Mr Oatham said that ordinarily a breach of this nature would be dealt with by way of a $200 Minor Infringement notice but given the 2 races concerned were black type a penalty uplift is sought. He submitted a fine in the range of $300 to $500.

Mr Bosson submitted that he would leave it up to the Committee to determine to an appropriate penalty.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

In determination of penalty the Committee took into account the following factors;

(1) The fact that this is Mr Bosson’s 5th breach in 12 months, albeit his 2nd within the reset period of 120 days
(2) The breaches occurred in a Listed race with stakes payable of $60,000 and a Group 2 race with stakes payable of $100,000 which are  significant aggravating factors
(3) The betting public has an expectation that Mr Bosson would fulfil his engagements
(4) Connections had to find suitable replacement riders at short notice

Although the starting point is a $200 fine for a 2nd breach within 120 days the Committee considered that an uplift of $300 was appropriate due to the status of the races.

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: c8785a29f7a2976f348d0cc65d672bd0


informantnumber: A11290


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to make the contracted weight


plea: admitted


penaltyrequired: 1


decisiondate: 27/12/2019


hearing_title: Auckland RC 26 December 2019 - R 4 & R 7 - Chair, Mr A Dooley


charge:


facts:

This charge arises from race 4 a Listed Race and race 7 a Group 2 race. An Information was filed pursuant to Rule 330(3)(c).The Informant, Mr Oatham, alleged that Mr Bosson failed to make the contracted weight for FOLK DRESS (Race 4) and SHOWBEEL (Race 7).

Mr Bosson said that he understood the Rule and confirmed he admitted the breach.

Rule 330(3)(c) provides: “A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.

Mr Oatham advised that Mr Bosson failed to make the contracted weight of 56.5 kgs on FOLK DRESS and SHOWBEEL. He said that Mr Bosson advised Stewards earlier in the day that he was unable to make the carded weight of 56.5 kg. He said that Mr Bosson was at least 1 kg over the required weight.

Mr Bosson said that he had just returned to race riding after a 3 weeks suspension and he was struggling to get his weight below the 57 kg mark.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bosson admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham said that ordinarily a breach of this nature would be dealt with by way of a $200 Minor Infringement notice but given the 2 races concerned were black type a penalty uplift is sought. He submitted a fine in the range of $300 to $500.

Mr Bosson submitted that he would leave it up to the Committee to determine to an appropriate penalty.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

In determination of penalty the Committee took into account the following factors;

(1) The fact that this is Mr Bosson’s 5th breach in 12 months, albeit his 2nd within the reset period of 120 days
(2) The breaches occurred in a Listed race with stakes payable of $60,000 and a Group 2 race with stakes payable of $100,000 which are  significant aggravating factors
(3) The betting public has an expectation that Mr Bosson would fulfil his engagements
(4) Connections had to find suitable replacement riders at short notice

Although the starting point is a $200 fine for a 2nd breach within 120 days the Committee considered that an uplift of $300 was appropriate due to the status of the races.


penalty:

Mr Bosson was fined the sum of $500.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr O Bosson - Class A Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ca69b1101cd806d83fc621e4cee74d1d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: eda05ffa8e8f3ac47f02fca2224b6aaa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2019


meet_title: Auckland RC - 26 December 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland RC