Canterbury JC 10 August 2019 – R 9 – Chair, Mr S Ching
ID: JCA16448
Code:
Thoroughbred
Meet Title:
Canterbury JC - 10 August 2019
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/08/10
Race Number:
R9
Decision:
As Mr Elliot had admitted the breach, it was found to be proved.
Penalty:
Accordingly, Mr Elliot was fined the sum of $300.
Facts:
Information A11528 was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr R Elliot, alleging that Mr Elliot failed to make the contracted weight in Race 9 on SMILING ASSASSIN and was replaced.
Rule 330(3)(c) reads as follows:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry; or
Mr Elliot had indicated on the Information that this breach of the Rules was admitted, which he confirmed this at the hearing. He also confirmed he understood the charge and the Rule it was brought under.
Mr Oatham stated that Mr Elliot had been contracted to ride SMILING ASSASSIN in Race 9 at 53kg and was unable to make the weight. He said that Mr Elliot had been replaced by R Mudhoo in this race. Mr Oatham stated that prior to Race 6, Mr Elliot informed the Stewards that he was unable to make the weight for SMILING ASSASSIN in Race 9 which was handicapped to carry 53kg.
Mr Elliot stated that he had been in the sauna since 9.30am this morning and had struggled with getting down to the required weight. He said he rode 53kg last Saturday and had been in Christchurch since last Wednesday and the cold weather, he believed, has not helped at all.
Submissions for Penalty:
Mr Oatham stated that this was Mr Elliot’s 3rd breach of this Rule since May this year with his first at Rotorua on 11 May in a Group 3 race, where he was fined $250 and 27 June at Waverley where he received a $200 fine under the MIN system. Mr Oatham stated that as this was Mr Elliot’s 3rd breach an information had been filed. He said that Mr Elliot was a conscientious rider and did not normally let the connections down. He submitted that a monetary penalty in the vicinity of $200 to $300 be considered as penalty in this case.
Mr Elliot elected to make no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty, the Committee took into consideration all factors, both aggravating and mitigating. The aggravating factor was Mr Elliot’s record which showed two breaches since May this year. The JCA Penalty Guide does not provide a starting point for a 3rd and consequent breach of this rule as it is normally dealt with in the 1st and 2nd breaches by way of a Minor Infringement Notice being $100 and $200 respectively. After consideration of all factors, this Committee determined that an uplift from Mr Elliot’s penalty of $200 was warranted. This uplift we set at $100. We therefore determined that a fine of $300 was an appropriate penalty in this case.
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: b671d40c9b7ea81b824cd84229d7ca31
informantnumber: A11528
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 330(3)
plea: admitted
penaltyrequired: 1
decisiondate: 13/08/2019
hearing_title: Canterbury JC 10 August 2019 - R 9 - Chair, Mr S Ching
charge:
facts:
Information A11528 was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr R Elliot, alleging that Mr Elliot failed to make the contracted weight in Race 9 on SMILING ASSASSIN and was replaced.
Rule 330(3)(c) reads as follows:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry; or
Mr Elliot had indicated on the Information that this breach of the Rules was admitted, which he confirmed this at the hearing. He also confirmed he understood the charge and the Rule it was brought under.
Mr Oatham stated that Mr Elliot had been contracted to ride SMILING ASSASSIN in Race 9 at 53kg and was unable to make the weight. He said that Mr Elliot had been replaced by R Mudhoo in this race. Mr Oatham stated that prior to Race 6, Mr Elliot informed the Stewards that he was unable to make the weight for SMILING ASSASSIN in Race 9 which was handicapped to carry 53kg.
Mr Elliot stated that he had been in the sauna since 9.30am this morning and had struggled with getting down to the required weight. He said he rode 53kg last Saturday and had been in Christchurch since last Wednesday and the cold weather, he believed, has not helped at all.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliot had admitted the breach, it was found to be proved.
sumissionsforpenalty:
Mr Oatham stated that this was Mr Elliot’s 3rd breach of this Rule since May this year with his first at Rotorua on 11 May in a Group 3 race, where he was fined $250 and 27 June at Waverley where he received a $200 fine under the MIN system. Mr Oatham stated that as this was Mr Elliot’s 3rd breach an information had been filed. He said that Mr Elliot was a conscientious rider and did not normally let the connections down. He submitted that a monetary penalty in the vicinity of $200 to $300 be considered as penalty in this case.
Mr Elliot elected to make no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty, the Committee took into consideration all factors, both aggravating and mitigating. The aggravating factor was Mr Elliot’s record which showed two breaches since May this year. The JCA Penalty Guide does not provide a starting point for a 3rd and consequent breach of this rule as it is normally dealt with in the 1st and 2nd breaches by way of a Minor Infringement Notice being $100 and $200 respectively. After consideration of all factors, this Committee determined that an uplift from Mr Elliot’s penalty of $200 was warranted. This uplift we set at $100. We therefore determined that a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Elliot was fined the sum of $300.
hearing_type: Hearing
Rules: 330(3)
Informant: J Oatham- Chief Stipendiary Steward
JockeysandTrainer: R Elliot-Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9d84822bb59b4f58292f7041f583fc4c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 394fe7ed310b00723b63836522939b1d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2019
meet_title: Canterbury JC - 10 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury JC