Canterbury Racing – 9 May 2008 – Race 8
ID: JCA21575
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Canterbury Racing - 9 May 2008
Race Date:
2008/05/09
Race Number:
Race 8
Decision: Stipendiary Steward Mr S. C. Ching charged Jockey J. D. Laking under Rule 520(4)(c) with allowing himself to be engaged to ride the horse “Ant” (9) in Race 8 when he could not make the carded weight of 55.5kg.
Stipendiary Steward Mr S. C. Ching charged Jockey J. D. Laking under Rule 520(4)(c) with allowing himself to be engaged to ride the horse “Ant” (9) in Race 8 when he could not make the carded weight of 55.5kg.
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Mr Laking agreed that he understood the rule and the charge. He had indicated on the information that he admitted the breach of this rule, and he confirmed this at the hearing.
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Stipendiary Steward Mr S. C. Ching gave evidence that Mr Laking was ¾ kg overweight and was replaced as the rider of “Ant”. Mr Laking had ridden at a ½kg overweight in a previous race that day, which is allowable under the Rules.
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Mr Laking explained that he has been having problems with his weight, and had been fasting to keep it under control. Before Race 8 he had been dehydrated and needed to have a drink which resulted in his being overweight.
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Penalty:
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In relation to penalty Mr Ching said that Mr Laking had previous relevant convictions on 23 December 2007 when he was fined $200-00, and on 30 December 2007 when he received a three day suspension. Mr Ching also said that Mr Laking has had an ongoing problem with his weight, and to his credit he had kept it under control for about the last five months.
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Mr Laking had no relevant submissions to make as to penalty.
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We adjourned to consider our decision on penalty, and on returning to the Enquiry Room we gave the following oral decision.
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“In relation to penalty we have taken into account that the recommended starting point for a breach of this Rule is a fine of $300-00.
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We take into account the following mitigating factors –
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- Mr Laking’s guilty plea.
--- Mr Laking has had no relevant convictions for about the last five months, although he did have two convictions before then.
--- Mr Laking’s honesty about the circumstances of the breach.
----
For the above reasons we are satisfied that a fine of $300-00 is appropriate in this case and Mr Laking is fined this amount.
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J. M. Phelan
ChairmanJCA 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: d47dc7b77afd10ce94f659dad13b3089
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 09/05/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Canterbury Racing - 9 May 2008 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Stipendiary Steward Mr S. C. Ching charged Jockey J. D. Laking under Rule 520(4)(c) with allowing himself to be engaged to ride the horse “Ant” (9) in Race 8 when he could not make the carded weight of 55.5kg.Stipendiary Steward Mr S. C. Ching charged Jockey J. D. Laking under Rule 520(4)(c) with allowing himself to be engaged to ride the horse “Ant” (9) in Race 8 when he could not make the carded weight of 55.5kg.
----
Mr Laking agreed that he understood the rule and the charge. He had indicated on the information that he admitted the breach of this rule, and he confirmed this at the hearing.
----
Stipendiary Steward Mr S. C. Ching gave evidence that Mr Laking was ¾ kg overweight and was replaced as the rider of “Ant”. Mr Laking had ridden at a ½kg overweight in a previous race that day, which is allowable under the Rules.
----
Mr Laking explained that he has been having problems with his weight, and had been fasting to keep it under control. Before Race 8 he had been dehydrated and needed to have a drink which resulted in his being overweight.
----
Penalty:
----
In relation to penalty Mr Ching said that Mr Laking had previous relevant convictions on 23 December 2007 when he was fined $200-00, and on 30 December 2007 when he received a three day suspension. Mr Ching also said that Mr Laking has had an ongoing problem with his weight, and to his credit he had kept it under control for about the last five months.
----
Mr Laking had no relevant submissions to make as to penalty.
----
We adjourned to consider our decision on penalty, and on returning to the Enquiry Room we gave the following oral decision.
----
“In relation to penalty we have taken into account that the recommended starting point for a breach of this Rule is a fine of $300-00.
----
We take into account the following mitigating factors –
----
- Mr Laking’s guilty plea.
--- Mr Laking has had no relevant convictions for about the last five months, although he did have two convictions before then.
--- Mr Laking’s honesty about the circumstances of the breach.
----
For the above reasons we are satisfied that a fine of $300-00 is appropriate in this case and Mr Laking is fined this amount.
----
--
--
J. M. Phelan
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 520.4.c
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e3c77b3dbddd8efc4819611b9d7d1efe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/05/2008
meet_title: Canterbury Racing - 9 May 2008
meet_expappcomment:
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meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair:
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name: Canterbury Racing