Archive Decision

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Avondale JC 17 September 2014 – R 9

ID: JCA13881

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr D Nolan - Rider of BULLDOZER

Information Number:
A6597

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 17 September 2014

Meet Chair:
ADooley

Race Date:
2014/09/17

Race Number:
Race 9

Decision:

As Mr Nolan admitted the breach the Committee finds the charge proved.

Penalty:

Accordingly, Mr Nolan is fined the sum of $150.

Facts:

Following the running of race 9, Avondale Appliance Centre 1400, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Nolan used the whip excessively on his mount BULLDOZER.

Mr Nolan endorsed the Information “I admit the breach and do not wish to be present at the hearing”. Mr Nolan was granted permission to leave the course by the Stewards.

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 Mr Nolan used his whip 12 times prior to the 200 metres when riding BULLDOZER.

Submissions for Penalty:

Mr Coles produced Mr Nolan’s record which showed no previous breach under this Rule in the last 12 months. He noted Mr Nolan last breached this Rule in August 2011. Mr Coles submitted a fine of $150 would be appropriate for today’s breach.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Nolan’s admission of the breach and his excellent record under this Rule. The number of strikes (12) is assessed as low range and the severity is assessed at the low end.

Before imposing penalty the Committee 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.

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: 7c0e11918cbdca02c545a1fe1ac80256


informantnumber: A6597


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 9


charge:


facts:

Following the running of race 9, Avondale Appliance Centre 1400, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Nolan used the whip excessively on his mount BULLDOZER.

Mr Nolan endorsed the Information “I admit the breach and do not wish to be present at the hearing”. Mr Nolan was granted permission to leave the course by the Stewards.

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 Mr Nolan used his whip 12 times prior to the 200 metres when riding BULLDOZER.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Nolan admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Nolan’s record which showed no previous breach under this Rule in the last 12 months. He noted Mr Nolan last breached this Rule in August 2011. Mr Coles submitted a fine of $150 would be appropriate for today’s breach.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Nolan’s admission of the breach and his excellent record under this Rule. The number of strikes (12) is assessed as low range and the severity is assessed at the low end.

Before imposing penalty the Committee 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.


penalty:

Accordingly, Mr Nolan is fined the sum of $150.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr D Nolan - Rider of BULLDOZER


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 2e2eca4f8739b67f5316b993cf843adb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


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