Avondale JC 17 September 2014 – R 10
ID: JCA15911
Code:
Thoroughbred
Meet Title:
Avondale JC - 17 September 2014
Meet Chair:
ADooley
Race Date:
2014/09/17
Race Number:
R 10
Decision:
As Ms Schwerin admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Ms Schwerin is fined the sum of $150.
Facts:
Following the running of race 10, Battersby Funeral Services 1400, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Ms Schwerin used the whip excessively on her mount SCHOLES.
Ms Schwerin acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.
The Committee questioned the Stewards as to why Ms Schwerin did not have any assistance at the hearing. They advised as this hearing took place after the last race there was no suitable license holder available for Ms Schwerin. Ms Schwerin had no objection to this.
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 demonstrated on the video films that Ms Schwerin used her whip 12 times prior to the 200 metres when riding SCHOLES.
Ms Schwerin told the Committee that her mount was in contention for the lead and she stopped counting her strikes. Ms Schwerin acknowledged she struck her mount 12 times.
Submissions for Penalty:
Mr Coles produced Ms Schwerin’s record which showed no previous breach under this Rule from her 28 race day rides to date. He said in mitigation Ms Schwerin's record was good and she ought to be given credit for her early admission of the breach. Mr Coles submitted a fine of $150 would be appropriate for today’s breach.
Ms Schwerin agreed with the submissions of Mr Coles.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Ms Schwerin’s admission of the breach and her clear record under this Rule from limited opportunities. The number of strikes (12) is assessed as low range and the severity is assessed at the low end.
The Committee had regard for Ms Schwerin status as an apprentice rider and referred to similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $150 is appropriate. The Committee did inform Ms Schwerin if she was to breach this Rule again in the near future the penalty would certainly increase.
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: e3a8e080ef9de1f87584bb61daec34b4
informantnumber: A6598
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/09/2014
hearing_title: Avondale JC 17 September 2014 - R 10
charge:
facts:
Following the running of race 10, Battersby Funeral Services 1400, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Ms Schwerin used the whip excessively on her mount SCHOLES.
Ms Schwerin acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.
The Committee questioned the Stewards as to why Ms Schwerin did not have any assistance at the hearing. They advised as this hearing took place after the last race there was no suitable license holder available for Ms Schwerin. Ms Schwerin had no objection to this.
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 demonstrated on the video films that Ms Schwerin used her whip 12 times prior to the 200 metres when riding SCHOLES.
Ms Schwerin told the Committee that her mount was in contention for the lead and she stopped counting her strikes. Ms Schwerin acknowledged she struck her mount 12 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Schwerin admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Ms Schwerin’s record which showed no previous breach under this Rule from her 28 race day rides to date. He said in mitigation Ms Schwerin's record was good and she ought to be given credit for her early admission of the breach. Mr Coles submitted a fine of $150 would be appropriate for today’s breach.
Ms Schwerin agreed with the submissions of Mr Coles.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Ms Schwerin’s admission of the breach and her clear record under this Rule from limited opportunities. The number of strikes (12) is assessed as low range and the severity is assessed at the low end.
The Committee had regard for Ms Schwerin status as an apprentice rider and referred to similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $150 is appropriate. The Committee did inform Ms Schwerin if she was to breach this Rule again in the near future the penalty would certainly increase.
penalty:
Accordingly, Ms Schwerin is fined the sum of $150.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms A Schwerin - Apprentice Rider of SCHOLES
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 80517edd3ea9f398f081d23463989bac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8a60d0e43b9a295e3c6e8e98c9f4dacf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2014
meet_title: Avondale JC - 17 September 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Avondale JC