Counties RC 10 July 2013 – R 9
ID: JCA17893
Code:
Thoroughbred
Meet Title:
Counties RC - 10 July 2013
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2013/07/10
Race Number:
R9
Decision:
As Mr Sweeney admitted the breach we find the charge proved.
Penalty:
Accordingly, we fine Mr Sweeney $300.
Charge:
Following race 9, Caci Pukekohe / Diosa Hair 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Sweeney used his whip in an excessive manner prior to the 200 metres on his mount ROCKET QUEEN.
Mr Sweeney 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:
Ms Kinsey demonstrated on the video films that Mr Sweeney used his whip 12 or 13 times prior to the 200 metres. She said that while Mr Sweeney did pause on a couple of occasions they were not the 6 strides as required by the Rule. She added that ROCKET QUEEN won the race.
Mr Sweeney informed the Committee that he accepted he struck his mount 12 times prior to the 200 metres. He believed that he was striking his mount every 2nd stride and described the severity as low.
Submissions for Penalty:
Mr Coles produced Mr Sweeney's record which showed he had 1 previous breach under this Rule in the last 12 months. This occurred in September 2012 and resulted in a $200 fine. He said Mr Sweeney should be given credit for his admission of the breach and assessed the incident as low end. He submitted a fine of $250 would be an appropriate penalty.
Mr Sweeney acknowledged that a $250 fine would be consistent with recent penalties imposed.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Sweeney's admission of the breach, the number of strikes (approximately 12) is assessed as low range and the severity is assessed as low range. However, the aggravating fact is that this is Mr Sweeney’s 2nd breach in the last 12 months.
We note Mr Sweeney did not give his mount the required 6 strides respite and ROCKET QUEEN won the race.
We informed Mr Sweeney that the JCA penalty guide recommends a starting point for a 2nd breach in 12 months is a $500 fine or 2 days suspension. We also referred to similar breaches under this Rule.
The starting point is adjusted downwards because of the mitigating factors listed above.
After taking into account all the above factors we assess an appropriate penalty is a $300 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: fbc7c4229e10f45aa46ac5258af5fb44
informantnumber: A2758
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/06/2013
hearing_title: Counties RC 10 July 2013 - R 9
charge:
Following race 9, Caci Pukekohe / Diosa Hair 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Sweeney used his whip in an excessive manner prior to the 200 metres on his mount ROCKET QUEEN.
Mr Sweeney 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:
Ms Kinsey demonstrated on the video films that Mr Sweeney used his whip 12 or 13 times prior to the 200 metres. She said that while Mr Sweeney did pause on a couple of occasions they were not the 6 strides as required by the Rule. She added that ROCKET QUEEN won the race.
Mr Sweeney informed the Committee that he accepted he struck his mount 12 times prior to the 200 metres. He believed that he was striking his mount every 2nd stride and described the severity as low.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Sweeney admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Sweeney's record which showed he had 1 previous breach under this Rule in the last 12 months. This occurred in September 2012 and resulted in a $200 fine. He said Mr Sweeney should be given credit for his admission of the breach and assessed the incident as low end. He submitted a fine of $250 would be an appropriate penalty.
Mr Sweeney acknowledged that a $250 fine would be consistent with recent penalties imposed.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Sweeney's admission of the breach, the number of strikes (approximately 12) is assessed as low range and the severity is assessed as low range. However, the aggravating fact is that this is Mr Sweeney’s 2nd breach in the last 12 months.
We note Mr Sweeney did not give his mount the required 6 strides respite and ROCKET QUEEN won the race.
We informed Mr Sweeney that the JCA penalty guide recommends a starting point for a 2nd breach in 12 months is a $500 fine or 2 days suspension. We also referred to similar breaches under this Rule.
The starting point is adjusted downwards because of the mitigating factors listed above.
After taking into account all the above factors we assess an appropriate penalty is a $300 fine.
penalty:
Accordingly, we fine Mr Sweeney $300.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M Sweeney - Rider of ROCKET QUEEN
Otherperson: Ms P Kinsey - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a83831df0b8d8f3d9a6eb2497816d1d1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 87052cbd8e7694fd6be99d3875b9f7e0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/07/2013
meet_title: Counties RC - 10 July 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