Auckland RC 25 May 2013 – R 1
ID: JCA14763
Code:
Thoroughbred
Meet Title:
Auckland RC - 25 May 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/05/25
Race Number:
R1
Decision:
As Mr Hain admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a $150 fine.
Charge:
Following race 1, Breakfast Meetings @ Ellerslie 2400, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Oatham, alleged that Mr Hain used his whip excessively prior to the 200 metres on his mount FLAVOUR FLAV.
Mr Hain acknowledged that he understood the rule and the nature of the charge.
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 Jones demonstrated on the video films that Mr Hain used his whip continuously12 times prior to the 200 metres. He said Mr Hain did not give his mount the required respite.
Mr Hain informed the Committee that he does not ride very often. He also accepts the fact he struck his mount 12 times.
Submissions for Penalty:
Mr Oatham produced Mr Hain's record which showed he had a clear record under this rule in the last 12 months. He noted Mr Hain has limited riding opportunities. He assessed the breach as being in the mid to low range of severity. Mr Oatham noted that as track conditions transition between summer and winter races are run at a slower rate and jockeys need to make necessary adjustments.
Mr Oatham submitted a fine of $150 would be appropriate for this particular breach.
Mr Hain submitted that he has approximately 30 rides in a season and asked the Committee to take this into account in assessing penalty. He made no further submissions.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Hain's admission of the breach, his clear record under this rule and the number of strikes (12) is assessed as low range. The aggravating fact is the severity of strikes which we assess is low to mid range, exacerbated by the fact Mr Hain failed to give the required respite.
We informed Mr Hain that the JCA penalty guide recommended a starting point for a 1st breach is a $300 fine. The starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed they attracted fines in the vicinity of $150.
After taking into account all the above factors we independently assess an appropriate penalty is $150 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: 7910e86096607260c3ba35fdbc0078fc
informantnumber: A4264
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/05/2013
hearing_title: Auckland RC 25 May 2013 - R 1
charge:
Following race 1, Breakfast Meetings @ Ellerslie 2400, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Oatham, alleged that Mr Hain used his whip excessively prior to the 200 metres on his mount FLAVOUR FLAV.
Mr Hain acknowledged that he understood the rule and the nature of the charge.
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 Jones demonstrated on the video films that Mr Hain used his whip continuously12 times prior to the 200 metres. He said Mr Hain did not give his mount the required respite.
Mr Hain informed the Committee that he does not ride very often. He also accepts the fact he struck his mount 12 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hain admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Hain's record which showed he had a clear record under this rule in the last 12 months. He noted Mr Hain has limited riding opportunities. He assessed the breach as being in the mid to low range of severity. Mr Oatham noted that as track conditions transition between summer and winter races are run at a slower rate and jockeys need to make necessary adjustments.
Mr Oatham submitted a fine of $150 would be appropriate for this particular breach.
Mr Hain submitted that he has approximately 30 rides in a season and asked the Committee to take this into account in assessing penalty. He made no further submissions.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Hain's admission of the breach, his clear record under this rule and the number of strikes (12) is assessed as low range. The aggravating fact is the severity of strikes which we assess is low to mid range, exacerbated by the fact Mr Hain failed to give the required respite.
We informed Mr Hain that the JCA penalty guide recommended a starting point for a 1st breach is a $300 fine. The starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed they attracted fines in the vicinity of $150.
After taking into account all the above factors we independently assess an appropriate penalty is $150 fine.
penalty:
Accordingly, we impose a $150 fine.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr D Hain - Rider of FLAVOUR FLAV
Otherperson: Mr B Jones - Trainee Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 78c35e0ee81c9e37448092af02bfc462
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4e8ddff351d69d50274a7aa7c20b5136
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2013
meet_title: Auckland RC - 25 May 2013
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