Otaki Maori RC 25 September 2014 – R 8
ID: JCA10969
Code:
Thoroughbred
Meet Title:
Otaki-Maori RC - 25 September 2014
Meet Chair:
PWilliams
Meet Committee Member 1:
GBuchanan
Race Date:
2014/09/25
Race Number:
R8
Decision:
Penalty:
Mr Hutchings is fined $150.
Facts:
Prior to the running of race 8, the “Dominion Post Handicap”, Information A3319 was filed by Co-Chief Stipendiary Steward Mr R Neal under Rule 330(3)(c). The Information stated “R Hutchings was unable to make the required weight for “Spike Miligan” in Race 8”. Mr Hutchings signed the Information stating he admitted 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. It was explained to Mr Hutchings that normally such a breach would be dealt with by way of a Minor Infringement Notice but as Mr Neal had decided to file an Information in relation to the breach a full hearing would be held.
Rule 330(3)(c) states “A rider shall not ……fail to ride a horse at the weight at which it is handicapped to carry”.
Submissions for Decision:
Mr Neal said this was Mr Hutchings' second breach of this Rule in the past 120 days – his most recent breach being on 16 June 2014 at Hawera. He said that Mr Hutchings was a very busy rider who rode throughout the country on a regular basis and since his last breach in mid June had ridden in a significant number of races. He was also less than a month away from having the “clock reset” in relation to this Rule at which time the penalty for the next breach would be a fine of $100. He confirmed Mr Hutchings had been replaced as the rider of “Spike Miligan”.
Mr Hutchings confirmed he was approximately 1 kg overweight for “Spike Miligan”. To a question from the Committee he said his normal mid-week riding weight was around 55.5/56 kgs.
Submissions for Penalty:
Mr Neal submitted that on this occasion a penalty of $100 was an appropriate penalty given the number of rides Mr Hutchings has had since his last breach of this Rule back in mid June 2014. He said prior to mid June his most recent breaches of the Rule had been at Avondale on 26 March 2014 and prior to that at Tauranga on 16 November 2013. He said on that basis Mr Hutchings' record in relation to this Rule was excellent and he deserved credit for the fact that, when compared to other jockeys who have breached this Rule in recent times, he had had a lot more rides than those jockeys and therefore to be fair he deserved a lesser penalty than the $200 fine that would normally be imposed under today’s circumstances.
Mr Hutchings, not surprisingly, said he agreed with the comments made by Mr Neal. He said he was the country’s busiest rider so far this season and had also had more rides than any other jockey in the 2013/2014 season. He said he had travelled over 5 hours to ride at today’s meeting and that had meant he had only limited time in the sauna to ensure he could make the weight of 55.5kgs for “Spike Miligan” which was his lowest weight for the 8 rides he had today.
Reasons for Penalty:
The Committee has reviewed Rule 926 relating to the Minor Infringement System.
Rule 926 (2) relates to circumstances when a Stipendiary Steward may wish to seek a more substantial penalty than the amount of the fine specified for the relevant Rule in the Fifth Appendix (the list of penalties for breaches of the Minor Infringement System) through the filing of an Information with the Judicial Committee in the normal manner contemplated in Rule 903. The hearing today is unusual in that, for what is believed to be the first time, the Stipendiary Stewards have submitted that a fine lower than the $200 that would normally be given for a second breach of Rule 330(3)(c) is appropriate.
Rule 926 (3) states where a licensed person admits in writing that he has committed a breach of (in this case) Rule 330(3)(c) but does not accept the penalty imposed then the Stipendiary Steward shall proceed by filing an Information with the judicial Committee in respect of that breach in the normal manner contemplated in Rule 903. Mr Hutchings did not agree with the penalty that would normally be imposed as he agreed with the penalty submissions made by Mr Neal.
This Committee believes that a filing of an Information under Rule 926(3) allows for a range of circumstances to be considered and a higher or lower penalty than that specified in the list of penalties for breaches of the Minor Infringement System to be imposed.
It is 101 days since Mr Huchings last breached Rule 330(3)(c). He is the country’s “senior Apprentice” and is correct in saying that so far this season he has had more rides than any other jockey (129) and also that he was the busiest rider and leading Apprentice last season (910 rides). The Committee also notes that since his last breach of this Rule he has had 230 rides. The Committee also notes that because of the long drive to get to Otaki today he was unable to spend as much time in a sauna as he would have liked. Whilst this is unfortunate, as an “experienced traveller” he should have ensured that he had enough time.
The Committee has also taken into account the “strong” submissions from Mr Neal in that a fine of less than the $200 that would normally be imposed for a second breach of this Rule within a 120 day period is appropriate for a very busy rider who is relatively close to the “reset period” kicking in in just over a fortnight.
After careful consideration the Committee, on this occasion, has decided that a reduction in the fine that would normally be given is appropriate but that a fine of $100 is not.
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: 1815c84bddf29b608bafe6e5b3262f7b
informantnumber: A3319
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unable to make required weight
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2014
hearing_title: Otaki Maori RC 25 September 2014 - R 8
charge:
facts:
Prior to the running of race 8, the “Dominion Post Handicap”, Information A3319 was filed by Co-Chief Stipendiary Steward Mr R Neal under Rule 330(3)(c). The Information stated “R Hutchings was unable to make the required weight for “Spike Miligan” in Race 8”. Mr Hutchings signed the Information stating he admitted 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. It was explained to Mr Hutchings that normally such a breach would be dealt with by way of a Minor Infringement Notice but as Mr Neal had decided to file an Information in relation to the breach a full hearing would be held.
Rule 330(3)(c) states “A rider shall not ……fail to ride a horse at the weight at which it is handicapped to carry”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal said this was Mr Hutchings' second breach of this Rule in the past 120 days – his most recent breach being on 16 June 2014 at Hawera. He said that Mr Hutchings was a very busy rider who rode throughout the country on a regular basis and since his last breach in mid June had ridden in a significant number of races. He was also less than a month away from having the “clock reset” in relation to this Rule at which time the penalty for the next breach would be a fine of $100. He confirmed Mr Hutchings had been replaced as the rider of “Spike Miligan”.
Mr Hutchings confirmed he was approximately 1 kg overweight for “Spike Miligan”. To a question from the Committee he said his normal mid-week riding weight was around 55.5/56 kgs.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Neal submitted that on this occasion a penalty of $100 was an appropriate penalty given the number of rides Mr Hutchings has had since his last breach of this Rule back in mid June 2014. He said prior to mid June his most recent breaches of the Rule had been at Avondale on 26 March 2014 and prior to that at Tauranga on 16 November 2013. He said on that basis Mr Hutchings' record in relation to this Rule was excellent and he deserved credit for the fact that, when compared to other jockeys who have breached this Rule in recent times, he had had a lot more rides than those jockeys and therefore to be fair he deserved a lesser penalty than the $200 fine that would normally be imposed under today’s circumstances.
Mr Hutchings, not surprisingly, said he agreed with the comments made by Mr Neal. He said he was the country’s busiest rider so far this season and had also had more rides than any other jockey in the 2013/2014 season. He said he had travelled over 5 hours to ride at today’s meeting and that had meant he had only limited time in the sauna to ensure he could make the weight of 55.5kgs for “Spike Miligan” which was his lowest weight for the 8 rides he had today.
reasonsforpenalty:
The Committee has reviewed Rule 926 relating to the Minor Infringement System.
Rule 926 (2) relates to circumstances when a Stipendiary Steward may wish to seek a more substantial penalty than the amount of the fine specified for the relevant Rule in the Fifth Appendix (the list of penalties for breaches of the Minor Infringement System) through the filing of an Information with the Judicial Committee in the normal manner contemplated in Rule 903. The hearing today is unusual in that, for what is believed to be the first time, the Stipendiary Stewards have submitted that a fine lower than the $200 that would normally be given for a second breach of Rule 330(3)(c) is appropriate.
Rule 926 (3) states where a licensed person admits in writing that he has committed a breach of (in this case) Rule 330(3)(c) but does not accept the penalty imposed then the Stipendiary Steward shall proceed by filing an Information with the judicial Committee in respect of that breach in the normal manner contemplated in Rule 903. Mr Hutchings did not agree with the penalty that would normally be imposed as he agreed with the penalty submissions made by Mr Neal.
This Committee believes that a filing of an Information under Rule 926(3) allows for a range of circumstances to be considered and a higher or lower penalty than that specified in the list of penalties for breaches of the Minor Infringement System to be imposed.
It is 101 days since Mr Huchings last breached Rule 330(3)(c). He is the country’s “senior Apprentice” and is correct in saying that so far this season he has had more rides than any other jockey (129) and also that he was the busiest rider and leading Apprentice last season (910 rides). The Committee also notes that since his last breach of this Rule he has had 230 rides. The Committee also notes that because of the long drive to get to Otaki today he was unable to spend as much time in a sauna as he would have liked. Whilst this is unfortunate, as an “experienced traveller” he should have ensured that he had enough time.
The Committee has also taken into account the “strong” submissions from Mr Neal in that a fine of less than the $200 that would normally be imposed for a second breach of this Rule within a 120 day period is appropriate for a very busy rider who is relatively close to the “reset period” kicking in in just over a fortnight.
After careful consideration the Committee, on this occasion, has decided that a reduction in the fine that would normally be given is appropriate but that a fine of $100 is not.
penalty:
Mr Hutchings is fined $150.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr R Hutchings - Licensed Apprentice Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c7612af971aaf5ed9aa47ab7b3cd1f6f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 43a1114232fb8d672a69a7eec778d5dc
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/09/2014
meet_title: Otaki-Maori RC - 25 September 2014
meet_expappcomment:
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meet_otherexp:
tracklocation: otaki-maori-rc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: GBuchanan
meet_pm2: none
name: Otaki-Maori RC