Canterbury R 7 October 2017 – R 3 – Chair, Mr S Ching
ID: JCA11543
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 7 October 2017
Meet Chair:
SChing
Meet Committee Member 1:
DJackson
Meet Committee Member 2:
HWeston
Race Date:
2017/10/07
Race Number:
R3
Decision:
As Mr McNab had admitted the breach, it was found to be proved.
Penalty:
Mr McNab was fined the sum of $400.
Facts:
Information A9519 was filed by Senior Stipendiary Steward, Mr M Williamson, against Class A Rider, Mr M McNab, alleging that Mr McNab failed to make the contracted weight in Race 3 on AVANTAGE and Race 8 on IMPERIUM and was replaced on both rides.
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 McNab had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also confirmed he understood the charge and the Rule it was brought under.
Mr Williamson stated that Mr McNab had been contracted to ride AVANTAGE in Race 3 at 55kg and was unable to make the weight. He said that Mr McNab had been replaced by Miss A Collett in this race with the horse duly winning the event. He stated that Mr McNab had already lost out in a riding fee and percentage from this result. Mr Williamson stated that Mr McNab was also contracted to ride EMPORIUM in Race 8 at 54kg and again was unable to make the contracted weight. He was replaced again by Miss Collett, in this race. He said that Mr McNab was not a light rider and does struggle with his weight. Mr Williamson stated that the connections of both horses were not unduly disadvantaged as they were able to secure the services of another quality rider in Miss Collett.
Mr McNab stated that he struggled this week and the previous week with his wasting and getting down to the correct weight due to a personal family situation. He said that due to this personal situation he was unable to get to the sauna until Thursday night which disrupted his normal wasting procedure.
Submissions for Penalty:
Mr Williamson stated that this was Mr McNab’s 6th breach of this Rule since February this year. He said that the Minor Infringement Schedule provided for an initial breach of this rule being a $100 fine with and second breach being $200. Mr McNab’s record showed a $100 fine at Tauherenikau on 6 February, $200 at Te Rapa on 6 May, $300 at Te Rapa on 20 May, $350 at Te Rapa on 10 June and $350 at Matamata on 26 July.
Mr Williamson stated that Mr McNab had struggled over the past week with his wasting and a personal family situation which he submitted should be taken into consideration. He submitted that taking those factors into account as well as Mr McNab’s loss of earnings and the cost of travel to the meeting, that a fair penalty would be a small uplift on the previous fine of $350 to a fine of $400.
Mr McNab submitted that he thought that a fine around $400 was fair.
Reasons for Penalty:
In determining penalty the Committee took into consideration all aggravating and mitigating factors. An aggravating factor was Mr McNab’s record which we found was poor with this being the 6th breach of this rule since February this year. We were however sympathetic to Mr McNab’s personal situation and his inability to waste as normal due to the circumstances of this personal situation. This, we determined was a mitigating factor.
The JCA Penalty Guide does not provide a starting point for a breach of this rule as it is normally dealt with in the 1st and 2nd breaches by way of a Minor Infringement Notice. Mr McNab was fined $350 at Matamata in July for his 5th breach since February and we determined that on balance and despite the mitigating factors that an increase in penalty was warranted in this case. The Committee therefore considered that a fine of $400 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: 1cfd096b8c00ca520e2e50cc9fd373af
informantnumber: A9519
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to make contracted weight
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2017
hearing_title: Canterbury R 7 October 2017 - R 3 - Chair, Mr S Ching
charge:
facts:
Information A9519 was filed by Senior Stipendiary Steward, Mr M Williamson, against Class A Rider, Mr M McNab, alleging that Mr McNab failed to make the contracted weight in Race 3 on AVANTAGE and Race 8 on IMPERIUM and was replaced on both rides.
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 McNab had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also confirmed he understood the charge and the Rule it was brought under.
Mr Williamson stated that Mr McNab had been contracted to ride AVANTAGE in Race 3 at 55kg and was unable to make the weight. He said that Mr McNab had been replaced by Miss A Collett in this race with the horse duly winning the event. He stated that Mr McNab had already lost out in a riding fee and percentage from this result. Mr Williamson stated that Mr McNab was also contracted to ride EMPORIUM in Race 8 at 54kg and again was unable to make the contracted weight. He was replaced again by Miss Collett, in this race. He said that Mr McNab was not a light rider and does struggle with his weight. Mr Williamson stated that the connections of both horses were not unduly disadvantaged as they were able to secure the services of another quality rider in Miss Collett.
Mr McNab stated that he struggled this week and the previous week with his wasting and getting down to the correct weight due to a personal family situation. He said that due to this personal situation he was unable to get to the sauna until Thursday night which disrupted his normal wasting procedure.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab had admitted the breach, it was found to be proved.
sumissionsforpenalty:
Mr Williamson stated that this was Mr McNab’s 6th breach of this Rule since February this year. He said that the Minor Infringement Schedule provided for an initial breach of this rule being a $100 fine with and second breach being $200. Mr McNab’s record showed a $100 fine at Tauherenikau on 6 February, $200 at Te Rapa on 6 May, $300 at Te Rapa on 20 May, $350 at Te Rapa on 10 June and $350 at Matamata on 26 July.
Mr Williamson stated that Mr McNab had struggled over the past week with his wasting and a personal family situation which he submitted should be taken into consideration. He submitted that taking those factors into account as well as Mr McNab’s loss of earnings and the cost of travel to the meeting, that a fair penalty would be a small uplift on the previous fine of $350 to a fine of $400.
Mr McNab submitted that he thought that a fine around $400 was fair.
reasonsforpenalty:
In determining penalty the Committee took into consideration all aggravating and mitigating factors. An aggravating factor was Mr McNab’s record which we found was poor with this being the 6th breach of this rule since February this year. We were however sympathetic to Mr McNab’s personal situation and his inability to waste as normal due to the circumstances of this personal situation. This, we determined was a mitigating factor.
The JCA Penalty Guide does not provide a starting point for a breach of this rule as it is normally dealt with in the 1st and 2nd breaches by way of a Minor Infringement Notice. Mr McNab was fined $350 at Matamata in July for his 5th breach since February and we determined that on balance and despite the mitigating factors that an increase in penalty was warranted in this case. The Committee therefore considered that a fine of $400 was an appropriate penalty in this case.
penalty:
Mr McNab was fined the sum of $400.
hearing_type: Hearing
Rules: 330(3)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr M McNab - Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8f86547f27419329aa463890c9674ef8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a66d20e8e575a21fc52a3b5320f02ca2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/10/2017
meet_title: Canterbury Racing - 7 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DJackson
meet_pm2: HWeston
name: Canterbury Racing