Archive Decision

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Manawatu RC 4 August 2011 – R 1

ID: JCA16597

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
D Oakden - Licensed Class A and D Jockey

Information Number:
5335

Hearing Type:
Hearing

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Manawatu RC - 4 August 2011

Meet Chair:
TCastles

Meet Committee Member 1:
NMcCutcheon

Race Date:
2011/08/04

Race Number:
R 1

Decision:

As Mr Oakden admitted the charge, it is therefore deem to be proved.

Penalty:

Mr Oakden is fined the sum of $400.

Charge:

D Oakden was unable to make the weight for Lord Custom in Race One. Rule 330(3)(c) was read and confirmed.

Facts:

Mr Oakden after arriving on course, reported to the stipendiary stewards at the scales that he would be unable to make the carded weight of 64.5kg for Lord Custom in race one as he was one kg over weight .He was then replaced as that horse’s rider.
Mr Oakden was charged pursuant to Rule 330(3)(c) of the Rules of Racing
‘A rider shall not:
(c) fail to ride a horse at which is it is handicapped to carry”.
Mr Oakden had nothing to add.

Submissions for Penalty:

Mr Goodwin informed the committee that Mr Oakden had a record that did not present itself in Mr Oakden’s favour. Mr Oakden could give no reason as to why he was one kg over. He has had two previous breaches of this rule, once on the 12th June and the second on the 17th July in this current year resulting in $100 and $200 fines respectively.
The Stewards seek a penalty by way of a fine being in the range of $400 to $500, to reflect the degree of Mr Oakden’s continued infringement of this rule.
Mr Oakden confirmed to the committee his previous record as presented by Mr Goodwin was correct, and that he had riding engagements at Canterbury and would prefer a penalty by way of a fine, and informed the hearing that following his engagements in Canterbury he was leaving New Zealand to return to his homeland.

Reasons for Penalty:

In reaching their decision the committee have taken into account the mitigating factor that Mr Oakden advised the stewards early of his predicament and his admission of the breach. However the aggravating factor is this is Mr Oakden’s third offence under Rule 330(3)(c) in three months. The committee have concerns for the need to maintain confidence to the betting public and the connections of horses when riders are changed in these circumstances.
The penalty to be imposed will be by way of a fine, and in doing so the committee have taken into account that Mr Oakden is leaving the country following his immediate racing engagements.

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: cb1476508cc7e7e948a2eebf29023f26


informantnumber: 5335


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/08/2011


hearing_title: Manawatu RC 4 August 2011 - R 1


charge:

D Oakden was unable to make the weight for Lord Custom in Race One. Rule 330(3)(c) was read and confirmed.


facts:

Mr Oakden after arriving on course, reported to the stipendiary stewards at the scales that he would be unable to make the carded weight of 64.5kg for Lord Custom in race one as he was one kg over weight .He was then replaced as that horse’s rider.
Mr Oakden was charged pursuant to Rule 330(3)(c) of the Rules of Racing
‘A rider shall not:
(c) fail to ride a horse at which is it is handicapped to carry”.
Mr Oakden had nothing to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Oakden admitted the charge, it is therefore deem to be proved.


sumissionsforpenalty:

Mr Goodwin informed the committee that Mr Oakden had a record that did not present itself in Mr Oakden’s favour. Mr Oakden could give no reason as to why he was one kg over. He has had two previous breaches of this rule, once on the 12th June and the second on the 17th July in this current year resulting in $100 and $200 fines respectively.
The Stewards seek a penalty by way of a fine being in the range of $400 to $500, to reflect the degree of Mr Oakden’s continued infringement of this rule.
Mr Oakden confirmed to the committee his previous record as presented by Mr Goodwin was correct, and that he had riding engagements at Canterbury and would prefer a penalty by way of a fine, and informed the hearing that following his engagements in Canterbury he was leaving New Zealand to return to his homeland.


reasonsforpenalty:

In reaching their decision the committee have taken into account the mitigating factor that Mr Oakden advised the stewards early of his predicament and his admission of the breach. However the aggravating factor is this is Mr Oakden’s third offence under Rule 330(3)(c) in three months. The committee have concerns for the need to maintain confidence to the betting public and the connections of horses when riders are changed in these circumstances.
The penalty to be imposed will be by way of a fine, and in doing so the committee have taken into account that Mr Oakden is leaving the country following his immediate racing engagements.


penalty:

Mr Oakden is fined the sum of $400.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: D Oakden - Licensed Class A and D Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: bd31cad9181950b6d918f81d02a1280a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7b31f7315bfbbe38be519121eeab4c04


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/08/2011


meet_title: Manawatu RC - 4 August 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: TCastles


meet_pm1: NMcCutcheon


meet_pm2: none


name: Manawatu RC