Auckland RC 9 March 2013 – R 10
ID: JCA16689
Code:
Thoroughbred
Meet Title:
Auckland RC - 9 March 2013
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2013/03/09
Race Number:
R10
Decision:
As Ms Spratt admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a fine of $300.
Charge:
Following race 10, an information was filed pursuant to Rule 638 (3)(b). The informant, Mr Oatham, alleged that Ms Spratt used the whip excessively prior to the 200 metres on her mount, YING YANG MASTER.
Ms Spratt acknowledged that she understood the rule.
Facts:
Mr Williamson demonstrated on the video films Ms Spratt used her whip 13 times prior to the 200 metres. He said Ms Spratt did not give her mount the required respite after 6 strides. However, he did concede that Ms Spratt gave her mount respite after 3 strides.
Ms Spratt when asked for her evidence had nothing to say.
Submissions for Penalty:
Mr Oatham produced Ms Spratt's record which showed she had breached this rule in December 2012 resulting in a $150 fine and in January 2013 which resulted in a $225 fine. He submitted the Stewards had some concerns with Ms Spratt's record, noting this was her third breach in close proximity. He submitted the breach was low to mid range and an appropriate penalty would be a fine in the $300 to $400 range.
Ms Spratt when asked for her submissions on penalty raised concerns with the Committee of how an appropriate penalty would be determined.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Spratt's admission of the breach, the number of strikes (13) we assess at the low end noting Ms Spratt did give her mount respite for 3 strides, the severity we assessed at the low end. However, the significant aggravating fact this was her third breach under this rule in the last 12 months.
The Committee did inform Ms Spratt that the JCA penalty guide recommended a starting point for a second breach under this rule at a $500 fine or 2 days suspension. We referred to the JCA listing of penalties for similar breaches under this rule before determining penalty.
We presented recent breaches of the excessive whip rule to Ms Spratt and explained to her in detail our reasons in reaching a fair and consistent penalty. We further informed Ms Spratt the same principles apply to any breach of the rules.
After taking into account all the above and placing emphasis on the mitigating factors we assess an appropriate penalty is a $300 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: d50c19697e81e31816946eeb5157c1ec
informantnumber: A2818
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Auckland RC 9 March 2013 - R 10
charge:
Following race 10, an information was filed pursuant to Rule 638 (3)(b). The informant, Mr Oatham, alleged that Ms Spratt used the whip excessively prior to the 200 metres on her mount, YING YANG MASTER.
Ms Spratt acknowledged that she understood the rule.
facts:
Mr Williamson demonstrated on the video films Ms Spratt used her whip 13 times prior to the 200 metres. He said Ms Spratt did not give her mount the required respite after 6 strides. However, he did concede that Ms Spratt gave her mount respite after 3 strides.
Ms Spratt when asked for her evidence had nothing to say.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Spratt admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Ms Spratt's record which showed she had breached this rule in December 2012 resulting in a $150 fine and in January 2013 which resulted in a $225 fine. He submitted the Stewards had some concerns with Ms Spratt's record, noting this was her third breach in close proximity. He submitted the breach was low to mid range and an appropriate penalty would be a fine in the $300 to $400 range.
Ms Spratt when asked for her submissions on penalty raised concerns with the Committee of how an appropriate penalty would be determined.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Spratt's admission of the breach, the number of strikes (13) we assess at the low end noting Ms Spratt did give her mount respite for 3 strides, the severity we assessed at the low end. However, the significant aggravating fact this was her third breach under this rule in the last 12 months.
The Committee did inform Ms Spratt that the JCA penalty guide recommended a starting point for a second breach under this rule at a $500 fine or 2 days suspension. We referred to the JCA listing of penalties for similar breaches under this rule before determining penalty.
We presented recent breaches of the excessive whip rule to Ms Spratt and explained to her in detail our reasons in reaching a fair and consistent penalty. We further informed Ms Spratt the same principles apply to any breach of the rules.
After taking into account all the above and placing emphasis on the mitigating factors we assess an appropriate penalty is a $300 fine.
penalty:
Accordingly, we impose a fine of $300.
hearing_type: Hearing
Rules: 638 (3)(b)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Ms S Spratt - Rider of YING YANG MASTER
Otherperson: Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 52a6766c552776602064b49473298a7f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 386b5e892c2a89cff6b97ad22a01a8dd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/03/2013
meet_title: Auckland RC - 9 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Auckland RC