Avondale JC 1 August 2014 – R 7
ID: JCA15745
Code:
Thoroughbred
Meet Title:
Avondale JC - 1 August 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/08/01
Race Number:
R7
Decision:
As Mr Dell admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly a fine of $300 is imposed upon Mr Dell.
In imposing this penalty the Committee advised Mr Dell that any subsequent breach of this Rule would attract a significantly increased penalty.
Facts:
Following the running of Race 7, the Battersby Funeral Services 1200, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Williamson, alleged that Mr Dell used his whip excessively on his mount DELORES O'RIORDAN.
Mr Dell acknowledged that he understood the nature of the charge, the Rule, and confirmed his admission of the breach. Mr Lucock assisted Mr Dell at the hearing.
Rule 638(3)(b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive, or improper.
Mr Oatham identified on the video films the eventual race winner DELORES O'RIORDAN being struck with the whip 13 times prior to the 200m. He stated that there had been a brief pause for 2 or 3 strides, however he added that the whip use was outside the whip guidelines.
Mr Dell acknowledged that he had breached the rules regarding whip use, however he added that because he was quite wide on the track he hadn't realised where the 200m mark was. He stated that he had given the horse a 2 or 3 stride respite.
Mr Lucock had nothing to add.
Submissions for Penalty:
Mr Williamson produced Mr Dell's record which showed one breach of this Rule in the past 12 months. This was on 23 April 2014 when he had been fined $250. Mr Williamson asked the Committee to take into account the number of strikes, and submitted that an aggravating factor was that Mr Dell had gone on to win the race. He stated that Mr Dell's whip usuage was outside the rules and submitted that in the Stewards' opinion a fine between $300-$400 would be an appropriate penalty.
Mr Dell had no comment to make on his likely penalty. Mr Lucock had nothing to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The mitigating factor is Mr Dell's admission of the breach. The number of strikes being 13, even allowing a brief respite, is considered to be mid-range and the severity is assessed as being mid range. This is Mr Dell's second breach of this Rule recently, his most recent attracted a fine of $250.
We have given due regard to penalties imposed for similar breaches of this Rule and taken into account the JCA Penalty Guidelines.
Balancing all of the above we consider an appropriate penalty is 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: cadb3145907398ea31708f3c52ff9d86
informantnumber: A6049
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 25/07/2014
hearing_title: Avondale JC 1 August 2014 - R 7
charge:
facts:
Following the running of Race 7, the Battersby Funeral Services 1200, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Williamson, alleged that Mr Dell used his whip excessively on his mount DELORES O'RIORDAN.
Mr Dell acknowledged that he understood the nature of the charge, the Rule, and confirmed his admission of the breach. Mr Lucock assisted Mr Dell at the hearing.
Rule 638(3)(b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive, or improper.
Mr Oatham identified on the video films the eventual race winner DELORES O'RIORDAN being struck with the whip 13 times prior to the 200m. He stated that there had been a brief pause for 2 or 3 strides, however he added that the whip use was outside the whip guidelines.
Mr Dell acknowledged that he had breached the rules regarding whip use, however he added that because he was quite wide on the track he hadn't realised where the 200m mark was. He stated that he had given the horse a 2 or 3 stride respite.
Mr Lucock had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dell admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Dell's record which showed one breach of this Rule in the past 12 months. This was on 23 April 2014 when he had been fined $250. Mr Williamson asked the Committee to take into account the number of strikes, and submitted that an aggravating factor was that Mr Dell had gone on to win the race. He stated that Mr Dell's whip usuage was outside the rules and submitted that in the Stewards' opinion a fine between $300-$400 would be an appropriate penalty.
Mr Dell had no comment to make on his likely penalty. Mr Lucock had nothing to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The mitigating factor is Mr Dell's admission of the breach. The number of strikes being 13, even allowing a brief respite, is considered to be mid-range and the severity is assessed as being mid range. This is Mr Dell's second breach of this Rule recently, his most recent attracted a fine of $250.
We have given due regard to penalties imposed for similar breaches of this Rule and taken into account the JCA Penalty Guidelines.
Balancing all of the above we consider an appropriate penalty is a fine of $300.
penalty:
Accordingly a fine of $300 is imposed upon Mr Dell.
In imposing this penalty the Committee advised Mr Dell that any subsequent breach of this Rule would attract a significantly increased penalty.
hearing_type: Hearing
Rules: Rule 638(3(b)
Informant: Mr M Williamson - Sitpendiary Steward
JockeysandTrainer: Mr C Dell-Apprentice Rider
Otherperson: Mr S Lucock-Trainer assisting Mr Dell, Mr J Oatham-Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 594162cbd27d4afc4d4da20a8a23962a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bfc8d345f7302c9938a87c98554469ab
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/08/2014
meet_title: Avondale JC - 1 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Avondale JC