Archive Decision

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Levin RC 27 July 2013 – R 1

ID: JCA10631

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr R Hannam - Licensed Jockey

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A4069

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Levin RC - 27 July 2013

Meet Chair:
PWilliams

Meet Committee Member 1:
NMcCutcheon

Race Date:
2013/07/27

Race Number:
R 1

Decision:

As Mr Hannam admitted the breach the charge was found proved.

Penalty:

The Committee believes on this occasion a fine is an appropriate penalty and Mr Hannam is fined $350.

Charge:

Following the running of race 1 the “104.2 MORE FM 3yo Maiden” Information A4069 was filed by Stipendiary Steward Mr N Goodwin under rule 638(3)(b). The information stated “R Hannam used his whip excessively prior to the 200 metres”. Mr Hannam signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.

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”.

Mr Goodwin confirmed the Information related to the “excessive” component of the above Rule.

Facts:

Mr Goodwin using the side-on film showed the race from the top of the straight. He said Mr Hannam was racing outside the leader and from the top of the straight to prior to the 200m mark he struck his horse 12 times without a break. He also said Mr Hannam had gone on to finish 2nd.

Mr Hannam had no questions of Mr Goodwin and had nothing to say when asked if he wished to make any comments on the film that had been shown.

Submissions for Penalty:

Mr Goodwin said Mr Hannam had been charged on 6 July 2013 with a breach of the same Rule and on that occasion had been fined $150. He said he was a busy rider who rode throughout the country. He added that the penalty to be imposed today had to act as a deterrent given it was only 3 weeks since his previous breach of this Rule. He submitted a fine of $300 was an appropriate penalty in this case.

Mr Hannam made no submissions on penalty.

Reasons for Penalty:

The Committee has reviewed the film of the race from the top of the straight to the 200m mark, taken into account the submissions of Mr Goodwin and noted that Mr Hannam had no comments to make during the hearing. The film shows Mr Hannam did strike his horse 12 times with the whip from the top of the straight to prior to the 200m mark and this is not disputed by Mr Hannam. The Committee believes it could be argued that, in using the whip as he did, Mr Hannam gained an unfair advantage over other jockeys in the race who did not breach the accepted “6 on 6 off” guideline and this becomes more significant given Mr Hannam ran 2nd in the race.

Mr Hannam is a busy rider, having had nearly 800 rides this season, who rides throughout the country on a regular basis. We have also noted Mr Hannam’s riding record and that this is his 2nd breach of this Rule in the past 3 weeks. We also note Mr Hannam readily admitted the breach of the Rule and that his demeanor during the hearing showed he was very disappointed in his actions.

The JCA’s Penalty Guidelines state that for a 2nd breach of this Rule within a 12 month period the starting point when considering a penalty is a fine of $500 or a 2 riding days suspension having regard to how busy the rider is. We have also considered the range of penalties given over the past 15 months for similar breaches of this Rule.

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: 0e51163973bd76feebe75e76a50b5a44


informantnumber: A4069


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/07/2013


hearing_title: Levin RC 27 July 2013 - R 1


charge:

Following the running of race 1 the “104.2 MORE FM 3yo Maiden” Information A4069 was filed by Stipendiary Steward Mr N Goodwin under rule 638(3)(b). The information stated “R Hannam used his whip excessively prior to the 200 metres”. Mr Hannam signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.

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”.

Mr Goodwin confirmed the Information related to the “excessive” component of the above Rule.


facts:

Mr Goodwin using the side-on film showed the race from the top of the straight. He said Mr Hannam was racing outside the leader and from the top of the straight to prior to the 200m mark he struck his horse 12 times without a break. He also said Mr Hannam had gone on to finish 2nd.

Mr Hannam had no questions of Mr Goodwin and had nothing to say when asked if he wished to make any comments on the film that had been shown.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hannam admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Goodwin said Mr Hannam had been charged on 6 July 2013 with a breach of the same Rule and on that occasion had been fined $150. He said he was a busy rider who rode throughout the country. He added that the penalty to be imposed today had to act as a deterrent given it was only 3 weeks since his previous breach of this Rule. He submitted a fine of $300 was an appropriate penalty in this case.

Mr Hannam made no submissions on penalty.


reasonsforpenalty:

The Committee has reviewed the film of the race from the top of the straight to the 200m mark, taken into account the submissions of Mr Goodwin and noted that Mr Hannam had no comments to make during the hearing. The film shows Mr Hannam did strike his horse 12 times with the whip from the top of the straight to prior to the 200m mark and this is not disputed by Mr Hannam. The Committee believes it could be argued that, in using the whip as he did, Mr Hannam gained an unfair advantage over other jockeys in the race who did not breach the accepted “6 on 6 off” guideline and this becomes more significant given Mr Hannam ran 2nd in the race.

Mr Hannam is a busy rider, having had nearly 800 rides this season, who rides throughout the country on a regular basis. We have also noted Mr Hannam’s riding record and that this is his 2nd breach of this Rule in the past 3 weeks. We also note Mr Hannam readily admitted the breach of the Rule and that his demeanor during the hearing showed he was very disappointed in his actions.

The JCA’s Penalty Guidelines state that for a 2nd breach of this Rule within a 12 month period the starting point when considering a penalty is a fine of $500 or a 2 riding days suspension having regard to how busy the rider is. We have also considered the range of penalties given over the past 15 months for similar breaches of this Rule.


penalty:

The Committee believes on this occasion a fine is an appropriate penalty and Mr Hannam is fined $350.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr R Hannam - Licensed Jockey


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 737eb6014b65b476fc7196f727479993


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


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meetid: ec7c8879fef986752c2ffd3282a1b889


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meetdate: 27/07/2013


meet_title: Levin RC - 27 July 2013


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meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: NMcCutcheon


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name: Levin RC