Archive Decision

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Canterbury R 23 October 2011 – R 1

ID: JCA13063

Applicant:
Mr AL Ray - Stipendiary Steward

Respondent(s):
CW Johnson - Licensed Jockey

Information Number:
A5353

Hearing Type:
Hearing

Rules:
Rule 610 (4)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 23 October 2011

Meet Chair:
KHales

Meet Committee Member 1:
JMillar

Race Date:
2011/10/23

Race Number:
R1

Decision:

As Mr Johnson admitted the charge, it was therefore deemed to be proved.

Penalty:

After taking into account the aggravating features, Mr Johnson is fined $350.

Charge:

It was alleged that Mr Johnson rode in a modified vest.

Facts:

During the course of racing at the meeting held on Sunday 23rd of October 2011 at Riccarton Park, the Stipendiary Stewards noticed that Mr Johnson was wearing a riding vest which appeared to have been altered, by having the bottom row of padding on the rear side of the vest removed.

Submissions for Decision:

The Stipendiary Stewards submitted that riding in the altered vest was a clear breach of Rule 610(4).

Mr Johnson said that he had purchased the vest from another jockey and didn't realise that it had been modified. The Stipendiary Stewards obviously found this explanation somewhat disingeuous, as Mr Johnson had in his kit another vest of the same brand, which had not been modified in the way that the offending vest had been.

Submissions for Penalty:

Mr Ray advised the hearing that Mr Johnson had admitted a similar charge at Oamaru on 30th June 2011 and was fined $100 on that occasion. He said that the need to wear approved vests was well publicised for all riders and that Mr Johnson should have known that the vest in which he rode did not meet the required standard, by virtue of the alterations that had been made to it.

He submitted that a fine of $500 should be imposed.

Mr Johnson thought that a fine of that magnitude sounded "a bit steep".

Reasons for Penalty:

A study of the penalty data base reveals that in the last twelve months, approximately twenty riders have had charges pursuant to this rule preferred against them. The fines imposed have ranged from $50 to $500 with nine riders having been fined $200. Apart from one rider who was fined $500, all of the others were fined below $200.

Therefore, we consider it appropriate to adopt as a starting point for a fine, the sum of $200.

However, in this case, there are aggravating features. Mr Johnson was fined, as recently as 30th June 2011, for an offence of this nature. Secondly, he had in his kit another vest of the same brand which had not had the rear bottom row of padding removed. Thus we reject his explanation that he did not know the vest had been modified when purchased it from another jockey. He also told us that he had been using the offending vest for about six months.

There are no mitigating features.

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: 3c8c889a6297c6aa49586caaa23dc207


informantnumber: A5353


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/10/2011


hearing_title: Canterbury R 23 October 2011 - R 1


charge:

It was alleged that Mr Johnson rode in a modified vest.


facts:

During the course of racing at the meeting held on Sunday 23rd of October 2011 at Riccarton Park, the Stipendiary Stewards noticed that Mr Johnson was wearing a riding vest which appeared to have been altered, by having the bottom row of padding on the rear side of the vest removed.


appealdecision:


isappeal:


submissionsfordecision:

The Stipendiary Stewards submitted that riding in the altered vest was a clear breach of Rule 610(4).

Mr Johnson said that he had purchased the vest from another jockey and didn't realise that it had been modified. The Stipendiary Stewards obviously found this explanation somewhat disingeuous, as Mr Johnson had in his kit another vest of the same brand, which had not been modified in the way that the offending vest had been.


reasonsfordecision:


Decision:

As Mr Johnson admitted the charge, it was therefore deemed to be proved.


sumissionsforpenalty:

Mr Ray advised the hearing that Mr Johnson had admitted a similar charge at Oamaru on 30th June 2011 and was fined $100 on that occasion. He said that the need to wear approved vests was well publicised for all riders and that Mr Johnson should have known that the vest in which he rode did not meet the required standard, by virtue of the alterations that had been made to it.

He submitted that a fine of $500 should be imposed.

Mr Johnson thought that a fine of that magnitude sounded "a bit steep".


reasonsforpenalty:

A study of the penalty data base reveals that in the last twelve months, approximately twenty riders have had charges pursuant to this rule preferred against them. The fines imposed have ranged from $50 to $500 with nine riders having been fined $200. Apart from one rider who was fined $500, all of the others were fined below $200.

Therefore, we consider it appropriate to adopt as a starting point for a fine, the sum of $200.

However, in this case, there are aggravating features. Mr Johnson was fined, as recently as 30th June 2011, for an offence of this nature. Secondly, he had in his kit another vest of the same brand which had not had the rear bottom row of padding removed. Thus we reject his explanation that he did not know the vest had been modified when purchased it from another jockey. He also told us that he had been using the offending vest for about six months.

There are no mitigating features.


penalty:

After taking into account the aggravating features, Mr Johnson is fined $350.


hearing_type: Hearing


Rules: Rule 610 (4)


Informant: Mr AL Ray - Stipendiary Steward


JockeysandTrainer: CW Johnson - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fef0450ebdbb36e4a9b619b5e6cf1592


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e03ed52c6c304711318435ac12747bb9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/10/2011


meet_title: Canterbury Racing - 23 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JMillar


meet_pm2: none


name: Canterbury Racing