Archive Decision

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Counties RC 28 May 2014 – R 1

ID: JCA15206

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr D Miller - Class D Rider of MAEVE DAVONE

Information Number:
A4117

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 28 May 2014

Meet Chair:
ADooley

Race Date:
2014/05/28

Race Number:
Race 1

Decision:

As Mr Miller admitted the breach the Committee finds the charge proved.

Penalty:

Accordingly, Mr Miller is fined the sum of $150.

Facts:

Following the running of race 1, McRae Racing Farewell, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Miller used the whip in an excessive manner prior to the 200 metres when riding MAEVE DAVONE.

Mr Miller acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Mr Coles demonstrated on the video films that Mr Miller used his whip 14 times prior to the 200 metres. He said Mr Miller struck his mount every second or third stride which was outside the guidelines.

Mr Miller said he agreed with the evidence of the Stewards.

Submissions for Penalty:

Mr Coles produced Mr Miller's record which showed no previous breach under this Rule in the last 12 months. He said Mr Miller was upfront with Stewards and realised he was outside the guidelines. He noted Mr Miller had attracted 2 warnings this season for excessive use of the whip and submitted a fine of $150.

Mr Miller submitted a monetary penalty at the low end was appropriate.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Miller's admission of the breach and his clear record under this Rule. The number of strikes (14) is assessed as mid - range and the severity is assessed at the low end because Mr Miller did strike his mount every second or third stride.

The Committee had regard for the fact Mr Miller is a Class D rider.

Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.

After taking into account all the above factors the Committee considers a fine of $150 is appropriate.

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: 7660e179162bd8d6e16dca114d81c7a9


informantnumber: A4117


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 26/05/2014


hearing_title: Counties RC 28 May 2014 - R 1


charge:


facts:

Following the running of race 1, McRae Racing Farewell, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Miller used the whip in an excessive manner prior to the 200 metres when riding MAEVE DAVONE.

Mr Miller acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Mr Coles demonstrated on the video films that Mr Miller used his whip 14 times prior to the 200 metres. He said Mr Miller struck his mount every second or third stride which was outside the guidelines.

Mr Miller said he agreed with the evidence of the Stewards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Miller admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Miller's record which showed no previous breach under this Rule in the last 12 months. He said Mr Miller was upfront with Stewards and realised he was outside the guidelines. He noted Mr Miller had attracted 2 warnings this season for excessive use of the whip and submitted a fine of $150.

Mr Miller submitted a monetary penalty at the low end was appropriate.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Miller's admission of the breach and his clear record under this Rule. The number of strikes (14) is assessed as mid - range and the severity is assessed at the low end because Mr Miller did strike his mount every second or third stride.

The Committee had regard for the fact Mr Miller is a Class D rider.

Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.

After taking into account all the above factors the Committee considers a fine of $150 is appropriate.


penalty:

Accordingly, Mr Miller is fined the sum of $150.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr D Miller - Class D Rider of MAEVE DAVONE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 88587e2ea92be9244e8780f78164a76a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3443e4ee3cdf6cca6a74b8ae0f546512


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/05/2014


meet_title: Counties RC - 28 May 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Counties RC