Ashburton RC 15 October 2016 – R 1 – Chair, Mr S Ching
ID: JCA14795
Code:
Thoroughbred
Meet Title:
Ashburton RC - 15 October 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/10/15
Race Number:
R 1
Decision:
As Ms Black had admitted this breach of the Rules it was found to be proved.
Penalty:
Accordingly, Ms Black was fined the sum of $300.
Facts:
Following the running of Race 1, the JJ Ltd Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin against Licensed Jockey, Ms R Black, alleging a breach of Rule 610(2) (a) in that she rode WHACKOMACO to the start without her approved body protector.
Rule 610(2 (a) reads as follows:
A Rider shall, when mounted on a horse, wear:
(a) a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR.
Ms Black had indicated on the Information that the breach was admitted and this was confirmed at the hearing. Ms Black also confirmed she understood the Rule she was being charged with.
Mr McLaughlin gave evidence to the effect that Ms Black had arrived at the start riding WHACKOMACO and realised she had forgotten to put her body protector on. She immediately informed the Starter who in turn notified the Stewards. The Stewards then ordered Ms Black to return to the birdcage in the Starters car and collect her body protector. Mr McLaughlin stated that this was not a case where Ms Black was attempting to cheat, just that she had simply forgotten to put on her protector. He also said that Ms Black could have said nothing and may have gotten away with it, as the weigh-in weight was 300g above weigh-out weight, due to the horse sweating. He said her honesty in this was credible.
Ms Black stated that she had weighed out for the 1st race and then removed her body protector and colours, as it was warm, in order to walk the track with two other jockeys being Miss S Collett and Miss R Myers. She said she came back in and was talking to Mr Laming, the trainer of WHACKOMACO, who gave her the colours for the horse and discussed the race. She said she then went back into the jockeys’ room, put the colours on and went out to ride the horse. Ms Black said she realised at the start that she had forgotten her protector and immediately informed the Starter. She said there was never any intention to cheat or break the rules but that she had just merely forgotten.
Submissions for Penalty:
Mr McLaughlin stated that the JCA Penalty Guide provided a starting point of an $800 fine for a breach of this rule. He submitted that there were numerous mitigating factors with this case being Ms Blacks honesty at the start, her frank admission of the breach, the low level of the breach and her clear record. He submitted that the circumstances and factors in this case indicated a penalty well below the starting point, be considered. He also said that he would leave it up to the Committee to decide on the level of that penalty.
Ms Black stated that she was not making any money these days, with only averaging 3 rides per meeting and having to drive to the meetings, she was barely making enough money to live. She said she had started up her own business from home to try and generate more income. Ms Black submitted that she was currently financially stretched at the moment and thought that she should not be treated severely by trying to do the right thing.
Reasons for Penalty:
In determining penalty, we have taken into consideration all factors of which the vast majority are mitigating. The only aggravating factor is that Ms Black rode to the start without a body protector which is her responsibility and brought about the charge. Mitigating factors include Ms Black's honesty in bringing this to the officials as soon as she realised that she had forgotten her protector, her frank admission of the breach, her clear penalty record, and the level of the beach which we determined as low. We also took into consideration her financial status. The Committee found a breach under this rule with similar circumstances, which was of assistance in determining penalty. In May 2014, apprentice rider, Mr Oliver, forgot to wear a body protector for the entire race and was fined the sum of $450.
In adopting the JCA starting point of an $800 fine we were able to afford Ms Black a combined discount of $500 for the mitigating factors noted above and therefore determined that an appropriate penalty was a fine of $300.
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: 7d0069b4ff3c5881d163e4ec0a527eb2
informantnumber: A3248
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Rode to start without approved body protector
plea: admitted
penaltyrequired: 1
decisiondate: 18/10/2016
hearing_title: Ashburton RC 15 October 2016 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the JJ Ltd Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin against Licensed Jockey, Ms R Black, alleging a breach of Rule 610(2) (a) in that she rode WHACKOMACO to the start without her approved body protector.
Rule 610(2 (a) reads as follows:
A Rider shall, when mounted on a horse, wear:
(a) a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR.
Ms Black had indicated on the Information that the breach was admitted and this was confirmed at the hearing. Ms Black also confirmed she understood the Rule she was being charged with.
Mr McLaughlin gave evidence to the effect that Ms Black had arrived at the start riding WHACKOMACO and realised she had forgotten to put her body protector on. She immediately informed the Starter who in turn notified the Stewards. The Stewards then ordered Ms Black to return to the birdcage in the Starters car and collect her body protector. Mr McLaughlin stated that this was not a case where Ms Black was attempting to cheat, just that she had simply forgotten to put on her protector. He also said that Ms Black could have said nothing and may have gotten away with it, as the weigh-in weight was 300g above weigh-out weight, due to the horse sweating. He said her honesty in this was credible.
Ms Black stated that she had weighed out for the 1st race and then removed her body protector and colours, as it was warm, in order to walk the track with two other jockeys being Miss S Collett and Miss R Myers. She said she came back in and was talking to Mr Laming, the trainer of WHACKOMACO, who gave her the colours for the horse and discussed the race. She said she then went back into the jockeys’ room, put the colours on and went out to ride the horse. Ms Black said she realised at the start that she had forgotten her protector and immediately informed the Starter. She said there was never any intention to cheat or break the rules but that she had just merely forgotten.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Black had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that the JCA Penalty Guide provided a starting point of an $800 fine for a breach of this rule. He submitted that there were numerous mitigating factors with this case being Ms Blacks honesty at the start, her frank admission of the breach, the low level of the breach and her clear record. He submitted that the circumstances and factors in this case indicated a penalty well below the starting point, be considered. He also said that he would leave it up to the Committee to decide on the level of that penalty.
Ms Black stated that she was not making any money these days, with only averaging 3 rides per meeting and having to drive to the meetings, she was barely making enough money to live. She said she had started up her own business from home to try and generate more income. Ms Black submitted that she was currently financially stretched at the moment and thought that she should not be treated severely by trying to do the right thing.
reasonsforpenalty:
In determining penalty, we have taken into consideration all factors of which the vast majority are mitigating. The only aggravating factor is that Ms Black rode to the start without a body protector which is her responsibility and brought about the charge. Mitigating factors include Ms Black's honesty in bringing this to the officials as soon as she realised that she had forgotten her protector, her frank admission of the breach, her clear penalty record, and the level of the beach which we determined as low. We also took into consideration her financial status. The Committee found a breach under this rule with similar circumstances, which was of assistance in determining penalty. In May 2014, apprentice rider, Mr Oliver, forgot to wear a body protector for the entire race and was fined the sum of $450.
In adopting the JCA starting point of an $800 fine we were able to afford Ms Black a combined discount of $500 for the mitigating factors noted above and therefore determined that an appropriate penalty was a fine of $300.
penalty:
Accordingly, Ms Black was fined the sum of $300.
hearing_type: Hearing
Rules: 610(2)(a)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Ms R Black - Licensed Class A Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3acf4ff08a55b19710f3e5c00ff7e3f4
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: 316508e6c5aebf055801537d79c6570e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/10/2016
meet_title: Ashburton RC - 15 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton RC