Archive Decision

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Otago RC 6 February 2015 – R 5

ID: JCA12732

Applicant:
Mr N McIntyre - Co-Chief Stipendiary Steward

Respondent(s):
Mr R Hutchings - Apprentice Jockey

Information Number:
A4313

Hearing Type:
Hearing

New Charge:
Failed to make carded weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 6 February 2015

Meet Chair:
GHall

Meet Committee Member 1:
SChing

Race Date:
2015/02/06

Race Number:
R 5

Decision:

As the respondent has admitted the breach, it is found to be proved.

Penalty:

Having regard to the precedent and the mitigating circumstances, we impose a fine of $250 and remind Mr Hutchings of his professional responsibilities with respect to his weight.

Facts:

Mr McIntyre alleged that Mr Hutchings failed to make the carded weight for MADAM BENTLEY in race 5. Mr Hutchings indicated he did not require the assistance of a senior jockey.

Rule 330(3)(c) provides:

(3) A Rider shall not: …
(c) fail to ride a horse at the weight at which it is handicapped to carry…

Mr McIntyre explained that the respondent had approached the stipendiary stewards earlier in the day and had said he was unable to make the weight for MADAM BENTLEY in race 5. Mr McIntyre immediately took Mr Hutchings off the horse and replaced him with Mr Bishop, whom we note is an experienced South Island jockey.

Mr Hutchings explained his flight to Dunedin had been delayed by almost 2 hours and he had thus been unable to use the sauna on the course. In addition, he had been riding at a meeting last night and had not got home till near midnight, so it was not possible to use the sauna before the meeting today, as he was up early to catch the flight south. He said he was ½ a kilo over and he had notified the stipendiary stewards immediately he was on the racecourse.

Submissions for Penalty:

Mr McIntyre produced the respondent’s record, which evidenced that he had been fined $200 on 17 October at Tauranga for a similar breach. He has had 149 rides since that time. The breach prior to Tauranga was at Otaki on September 25.

Mr McIntyre submitted a fine of $300 was appropriate. Mr Hutchings did not demur.

Reasons for Penalty:

Aggravating features are that this is a listed race and the respondent’s record, which is not good under this rule. However, we accept he has had a number of rides since his previous breach, and in this regard it may be regarded as a “fair” record.

We identify as mitigating circumstances that the flight to Dunedin was delayed and the impossibility of Mr Hutchings using the sauna on an earlier occasion.

The JCA penalty printout records that a fine of $250 was imposed on Mr Innes at Trentham on 19 January 2013. Mr Innes also had had previous breaches of this rule and it too was a listed race.

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: 50dc17b8e5c65b97e24d88ea45a051c6


informantnumber: A4313


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to make carded weight


plea: admitted


penaltyrequired: 1


decisiondate: 11/02/2015


hearing_title: Otago RC 6 February 2015 - R 5


charge:


facts:

Mr McIntyre alleged that Mr Hutchings failed to make the carded weight for MADAM BENTLEY in race 5. Mr Hutchings indicated he did not require the assistance of a senior jockey.

Rule 330(3)(c) provides:

(3) A Rider shall not: …
(c) fail to ride a horse at the weight at which it is handicapped to carry…

Mr McIntyre explained that the respondent had approached the stipendiary stewards earlier in the day and had said he was unable to make the weight for MADAM BENTLEY in race 5. Mr McIntyre immediately took Mr Hutchings off the horse and replaced him with Mr Bishop, whom we note is an experienced South Island jockey.

Mr Hutchings explained his flight to Dunedin had been delayed by almost 2 hours and he had thus been unable to use the sauna on the course. In addition, he had been riding at a meeting last night and had not got home till near midnight, so it was not possible to use the sauna before the meeting today, as he was up early to catch the flight south. He said he was ½ a kilo over and he had notified the stipendiary stewards immediately he was on the racecourse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the respondent has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr McIntyre produced the respondent’s record, which evidenced that he had been fined $200 on 17 October at Tauranga for a similar breach. He has had 149 rides since that time. The breach prior to Tauranga was at Otaki on September 25.

Mr McIntyre submitted a fine of $300 was appropriate. Mr Hutchings did not demur.


reasonsforpenalty:

Aggravating features are that this is a listed race and the respondent’s record, which is not good under this rule. However, we accept he has had a number of rides since his previous breach, and in this regard it may be regarded as a “fair” record.

We identify as mitigating circumstances that the flight to Dunedin was delayed and the impossibility of Mr Hutchings using the sauna on an earlier occasion.

The JCA penalty printout records that a fine of $250 was imposed on Mr Innes at Trentham on 19 January 2013. Mr Innes also had had previous breaches of this rule and it too was a listed race.


penalty:

Having regard to the precedent and the mitigating circumstances, we impose a fine of $250 and remind Mr Hutchings of his professional responsibilities with respect to his weight.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr N McIntyre - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr R Hutchings - Apprentice Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7b4c53bfe40f8539650e4770441876f6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e4a95d64e3a131db795662baebf472dc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/02/2015


meet_title: Otago RC - 6 February 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: SChing


meet_pm2: none


name: Otago RC