Archive Decision

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Waikato RC 4 May 2013 – R 8

ID: JCA17303

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Ms Dravitzki - Apprentice Rider of Big Lucy

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A2829

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 4 May 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/05/04

Race Number:
R8

Decision:

As Ms Dravitzki admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a $175 fine.

Charge:

Following race 8, Gilmours Hamilton 1600, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Williamson, alleged that Ms Dravitzki used her whip excessively prior to the 200 metres on her mount BIG LUCY.

Ms Dravitzki acknowledged that she understood the rule and the nature of the charge. Ms Dravitzki further advised the Committee she did not require any assistance during the hearing.

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:

Mr Coles demonstrated on the video films Ms Dravitzki used her whip approximately 16 times prior to the 200 metres. He said Ms Dravitzki was hitting her mount every second stride and noted the strikes were not hard. He said she did not give her mount the required respite after 6 strides.

Ms Dravitzki informed the Committee that her horse was lazy and admitted she got a little bit excited prior to the 200 metres.

Submissions for Penalty:

Mr Williamson produced Ms Dravitzki's record which showed she had a clear record under this rule. He said Ms Dravitzki was a young apprentice who is riding a lot of winners including this particular race. He submitted that similar offences have attracted fines of $150 and would let the Committee determine an appropriate penalty.

Ms Dravitzki did not wish to make any submissions on penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Dravitzki's admission of the breach and her clear record under this rule. The number of strikes (16) is assessed as low to mid range and the severity is assessed as low range. The aggravating fact is Ms Dravitzki did not give her mount the required 6 strides respite when using her whip prior to the 200 metres.

We informed Ms Dravitzki that the JCA penalty guide recommended a starting point for the 1st breach is a $300 fine. However, the starting point is adjusted downwards because of the mitigating factors.

We referred to the JCA listing of penalties for similar breaches which showed fines ranged from $150 to $200.

After taking into account all the above factors we independently assess an appropriate penalty is $175 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: f67b9da8057a4c61f0b54c10c11f6917


informantnumber: A2829


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/04/2013


hearing_title: Waikato RC 4 May 2013 - R 8


charge:

Following race 8, Gilmours Hamilton 1600, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Williamson, alleged that Ms Dravitzki used her whip excessively prior to the 200 metres on her mount BIG LUCY.

Ms Dravitzki acknowledged that she understood the rule and the nature of the charge. Ms Dravitzki further advised the Committee she did not require any assistance during the hearing.

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:

Mr Coles demonstrated on the video films Ms Dravitzki used her whip approximately 16 times prior to the 200 metres. He said Ms Dravitzki was hitting her mount every second stride and noted the strikes were not hard. He said she did not give her mount the required respite after 6 strides.

Ms Dravitzki informed the Committee that her horse was lazy and admitted she got a little bit excited prior to the 200 metres.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Dravitzki admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Ms Dravitzki's record which showed she had a clear record under this rule. He said Ms Dravitzki was a young apprentice who is riding a lot of winners including this particular race. He submitted that similar offences have attracted fines of $150 and would let the Committee determine an appropriate penalty.

Ms Dravitzki did not wish to make any submissions on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Dravitzki's admission of the breach and her clear record under this rule. The number of strikes (16) is assessed as low to mid range and the severity is assessed as low range. The aggravating fact is Ms Dravitzki did not give her mount the required 6 strides respite when using her whip prior to the 200 metres.

We informed Ms Dravitzki that the JCA penalty guide recommended a starting point for the 1st breach is a $300 fine. However, the starting point is adjusted downwards because of the mitigating factors.

We referred to the JCA listing of penalties for similar breaches which showed fines ranged from $150 to $200.

After taking into account all the above factors we independently assess an appropriate penalty is $175 fine.


penalty:

Accordingly, we impose a $175 fine.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Ms Dravitzki - Apprentice Rider of Big Lucy


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 99fe6b54ba358153608df8a6d8f9ecbf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3137ad395f487aa022c7f1d935b833e1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/05/2013


meet_title: Waikato RC - 4 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC