Counties RC 10 August 2013 – R 6
ID: JCA14505
Code:
Thoroughbred
Meet Title:
Counties RC - 10 August 2013
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2013/08/10
Race Number:
R6
Decision:
As Mr Du Plessis admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a $ 200 fine on Mr Du Plessis.
Charge:
Following race 6, PROFESSIONAL OSBORNE REALITY LTD 1400, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Du Plessis used his whip in an excessive manner prior to the 200 metres on his mount THE FLYING AFFAIR.
Mr Du Plessis acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3) (b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Facts:
Mr Du Plessis confirmed that he admitted the breach.
Mr Oatham demonstrated on the video films that Mr Du Plessis used his whip 15 times prior to the 200 metres. He said Mr Du Plessis struck his mount every second stride noting the strikes were backhanders and not extravagant.
Mr Du Plessis informed the Committee that he had never ridden THE FLYING AFFAIR before. He said the Trainer had told him the horse was lazy but admitted this was not an excuse. Mr Du Plessis added he did not realise he had struck his mount 15 times.
Submissions for Penalty:
Mr Coles produced Mr Du Plessis' record which showed he had no previous breach under this Rule in the last 12 months. He described Mr Du Plessis' record as excellent for such a busy rider. He submitted a fine in the vicinity of $200 would be appropriate.
Mr Du Plessis had nothing to submit regarding penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Du Plessis' admission of the breach, his excellent record and the severity of the strikes is assessed as low range. The number of strikes (15) is assessed as mid range.
We explained to Mr Du Plessis the JCA penalty guide for this Rule recommends a starting point of $300 fine. However, the starting point is adjusted downwards due to the mitigating factors.
After taking into account all the above factors we consider an appropriate penalty is $200 fine.
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: 8b1e3e7bfe51259875819fb549e685b8
informantnumber: A2769
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: Counties RC 10 August 2013 - R 6
charge:
Following race 6, PROFESSIONAL OSBORNE REALITY LTD 1400, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Du Plessis used his whip in an excessive manner prior to the 200 metres on his mount THE FLYING AFFAIR.
Mr Du Plessis acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3) (b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
facts:
Mr Du Plessis confirmed that he admitted the breach.
Mr Oatham demonstrated on the video films that Mr Du Plessis used his whip 15 times prior to the 200 metres. He said Mr Du Plessis struck his mount every second stride noting the strikes were backhanders and not extravagant.
Mr Du Plessis informed the Committee that he had never ridden THE FLYING AFFAIR before. He said the Trainer had told him the horse was lazy but admitted this was not an excuse. Mr Du Plessis added he did not realise he had struck his mount 15 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Du Plessis admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Du Plessis' record which showed he had no previous breach under this Rule in the last 12 months. He described Mr Du Plessis' record as excellent for such a busy rider. He submitted a fine in the vicinity of $200 would be appropriate.
Mr Du Plessis had nothing to submit regarding penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Du Plessis' admission of the breach, his excellent record and the severity of the strikes is assessed as low range. The number of strikes (15) is assessed as mid range.
We explained to Mr Du Plessis the JCA penalty guide for this Rule recommends a starting point of $300 fine. However, the starting point is adjusted downwards due to the mitigating factors.
After taking into account all the above factors we consider an appropriate penalty is $200 fine.
penalty:
Accordingly, we impose a $ 200 fine on Mr Du Plessis.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M Du Plessis - Licensed Rider
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ce419b01eda8d6ed4c4bf7a21b198022
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4c785375e7b8215781c6ca7bfa4929bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2013
meet_title: Counties RC - 10 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC