Canterbury R 8 December 2017 – R 5 – Chair Mr S Ching
ID: JCA15603
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 8 December 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/12/08
Race Number:
R5
Decision:
Mr Hong having admitted the breach, the charge was found proved.
Penalty:
Mr Hong is fined the sum of $250.
Facts:
Following the running of Race 5, the Dunstan Feeds 1500 Championship Qualifier Rating 75, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Mr BB Hong, alleging that Mr Hong, as the rider of THE REAL DEAL in the race, “made a celebratory gesture prior to his horse passing the winning post”.
Mr Hong was present at the hearing of the information. Mr Hong was assisted at the hearing by his employer, Mr Matthew Pitman and had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 (2) provides as follows:
(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
Mr McLaughlin with the assistance of Stipendiary Steward, Mr N McIntyre, showed video replays of the final stages of the race. He pointed out Mr Hong riding THE REAL DEAL as the lead horse by 4 lengths nearing the 50m. Approximately 30m from the post, Mr Hong, raised his whip and waved to the crowd in a celebratory gesture. Mr McIntyre stated that this was a clear breach of the rule.
Mr Hong stated he understood the rule and thought he was safe. He said his wife and baby were there to watch him and he got very excited. Mr Pitman stated that this was Mr Hong’s first winner outside their stable and that his family were there for the first time to watch him.
Submissions for Penalty:
Mr McLaughlin told the Committee that Mr Hong had a clear record under the Rule over the previous 12 months. He stated the JCA Penalty Guide provided a starting point for a breach of this rule was a fine of $300 which he submitted be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine for a breach of this Rule. We determined there were no aggravating factors to consider therefore no uplift was warranted. We, however, determined that there were mitigating factors to consider, namely Mr Hong’s clear record, his frank admission and his status as an Apprentice Jockey. A combined discount was appropriate which we set at $50. We therefore determined that a fine of $250 was an appropriate penalty.
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: b96f491a9a65b99e28f00930702517b8
informantnumber: A09544
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 638(2)
plea: admitted
penaltyrequired: 1
decisiondate: 12/12/2017
hearing_title: Canterbury R 8 December 2017 - R 5 - Chair Mr S Ching
charge:
facts:
Following the running of Race 5, the Dunstan Feeds 1500 Championship Qualifier Rating 75, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Mr BB Hong, alleging that Mr Hong, as the rider of THE REAL DEAL in the race, “made a celebratory gesture prior to his horse passing the winning post”.
Mr Hong was present at the hearing of the information. Mr Hong was assisted at the hearing by his employer, Mr Matthew Pitman and had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 (2) provides as follows:
(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
Mr McLaughlin with the assistance of Stipendiary Steward, Mr N McIntyre, showed video replays of the final stages of the race. He pointed out Mr Hong riding THE REAL DEAL as the lead horse by 4 lengths nearing the 50m. Approximately 30m from the post, Mr Hong, raised his whip and waved to the crowd in a celebratory gesture. Mr McIntyre stated that this was a clear breach of the rule.
Mr Hong stated he understood the rule and thought he was safe. He said his wife and baby were there to watch him and he got very excited. Mr Pitman stated that this was Mr Hong’s first winner outside their stable and that his family were there for the first time to watch him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hong having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Mr Hong had a clear record under the Rule over the previous 12 months. He stated the JCA Penalty Guide provided a starting point for a breach of this rule was a fine of $300 which he submitted be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine for a breach of this Rule. We determined there were no aggravating factors to consider therefore no uplift was warranted. We, however, determined that there were mitigating factors to consider, namely Mr Hong’s clear record, his frank admission and his status as an Apprentice Jockey. A combined discount was appropriate which we set at $50. We therefore determined that a fine of $250 was an appropriate penalty.
penalty:
Mr Hong is fined the sum of $250.
hearing_type: Hearing
Rules: 638 (2)
Informant: J McLaughlin, Stipendiary Steward
JockeysandTrainer: BB Hong, Licensed Apprentice Jockey (Class B)
Otherperson: Matthew Pitman-Licensed Trainer, Mr N McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a7d488d802fc171e5ef5fe0a8b3ef048
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 363d22b98c906e4b3db69b359677d7ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/12/2017
meet_title: Canterbury Racing - 8 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing