Archive Decision

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Counties RC 10 August 2013 – R 8

ID: JCA13865

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr J Parkes - Licensed Rider

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A2770

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 10 August 2013

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2013/08/10

Race Number:
R 8

Decision:

As Mr Parkes admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a $250 fine on Mr Parkes.

Charge:

Following race 8, COLLETT/ MCRAE RACING STABLES 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Parkes used his whip in an excessive manner prior to the 200 metres on his mount MOVE FASTER.

Mr Parkes 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 Parkes confirmed that he admitted the breach.

Mr Oatham demonstrated on the video films that Mr Parkes used his whip approximately 13 times before the final 200 metres. He added the strikes were in the mid range.

Mr Parkes informed the Committee that it was his first time riding at Counties and he didn't take into account the length of the straight. He acknowledged his use of the whip was clearly over the guidelines.

Submissions for Penalty:

Mr Coles produced Mr Parkes' record which showed he had 1 previous breach under this Rule in the last 12 months. He described Mr Parkes' record as very good for a busy rider. He informed the Committee Mr Parkes' previous breach resulted in a $150 fine. Mr Coles submitted an appropriate penalty would be a fine in the range of $200 to $250.

Mr Parkes submitted that a $200 fine would be nice.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Parkes' admission of the breach and the number of strikes (13) is assessed as low range and the severity is assessed as mid range. The aggravating fact, this is Mr Parkes' second breach in the last 12 months which means the penalty should be adjusted upwards.

We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $250.

After taking into account all the above factors we consider an appropriate penalty is $250 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: 7a66759d07d90e3a51472b3aac1e0c18


informantnumber: A2770


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/08/2013


hearing_title: Counties RC 10 August 2013 - R 8


charge:

Following race 8, COLLETT/ MCRAE RACING STABLES 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Parkes used his whip in an excessive manner prior to the 200 metres on his mount MOVE FASTER.

Mr Parkes 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 Parkes confirmed that he admitted the breach.

Mr Oatham demonstrated on the video films that Mr Parkes used his whip approximately 13 times before the final 200 metres. He added the strikes were in the mid range.

Mr Parkes informed the Committee that it was his first time riding at Counties and he didn't take into account the length of the straight. He acknowledged his use of the whip was clearly over the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Parkes admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Parkes' record which showed he had 1 previous breach under this Rule in the last 12 months. He described Mr Parkes' record as very good for a busy rider. He informed the Committee Mr Parkes' previous breach resulted in a $150 fine. Mr Coles submitted an appropriate penalty would be a fine in the range of $200 to $250.

Mr Parkes submitted that a $200 fine would be nice.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Parkes' admission of the breach and the number of strikes (13) is assessed as low range and the severity is assessed as mid range. The aggravating fact, this is Mr Parkes' second breach in the last 12 months which means the penalty should be adjusted upwards.

We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $250.

After taking into account all the above factors we consider an appropriate penalty is $250 fine.


penalty:

Accordingly, we impose a $250 fine on Mr Parkes.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr J Parkes - Licensed Rider


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c34e34464836dc8a6442b7257636a291


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


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