Pakuranga HC 22 August 2015 – R 1 – Chair, Mr A Dooley
ID: JCA17565
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 22 August 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/08/22
Race Number:
R1
Decision:
As Mr Miller admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Miller was fined $400.
Facts:
Following the running of race 1, Pakuranga Hunt Landowners Maiden Hurdle, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr Miller used the whip excessively on his mount CANDIDLY.
Mr Miller acknowledged that he understood the nature of the charge, the Rule and admitted the breach.
Rule 638(3) (b)(ii) provides A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Miller used his whip 13 times from the 700 metres until approximately the 400 metres. He said Mr Miller then struck his mount a further 10 times between the last 2 steeplechase fences which was prior to the 200 metre mark. He said Mr Miller was well over the guidelines and CANDIDLY went on to win the race.
Mr Miller accepted that he struck his mount a total of 23 times. He acknowledged that he overstepped the mark with regard to his use of the whip.
Mr Grylls who assisted Mr Miller had nothing further to add.
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 should be given credit for his admission of the breach but noted that Mr Miller was well outside the guidelines. Mr Coles said he would leave it to the Committee to determine an appropriate monetary penalty.
Mr Miller submitted that he had limited opportunities as a Jumps rider and acknowledged that a monetary penalty was inevitable.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Miller’s admission of the breach and his clear record under this Rule. The Committee assess the number of strikes (13) and (10) as mid – range and the severity at mid – range.
The Committee informed Mr Miller that the JCA Penalty Guide recommended starting point is a $500 fine for a rider's 1st offence.
The Committee note that CANDIDLY went on to win the race and we had regard for the fact Mr Miller is a Jumps rider with limited opportunities.
After taking into account all the above the Committee considers an appropriate penalty is a $400 fine on this occasion.
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: f2b14a32795082aba51830350a451f51
informantnumber: A4381
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 22/08/2015
hearing_title: Pakuranga HC 22 August 2015 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Pakuranga Hunt Landowners Maiden Hurdle, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr Miller used the whip excessively on his mount CANDIDLY.
Mr Miller acknowledged that he understood the nature of the charge, the Rule and admitted the breach.
Rule 638(3) (b)(ii) provides A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Miller used his whip 13 times from the 700 metres until approximately the 400 metres. He said Mr Miller then struck his mount a further 10 times between the last 2 steeplechase fences which was prior to the 200 metre mark. He said Mr Miller was well over the guidelines and CANDIDLY went on to win the race.
Mr Miller accepted that he struck his mount a total of 23 times. He acknowledged that he overstepped the mark with regard to his use of the whip.
Mr Grylls who assisted Mr Miller had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Miller admitted the breach we find 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 should be given credit for his admission of the breach but noted that Mr Miller was well outside the guidelines. Mr Coles said he would leave it to the Committee to determine an appropriate monetary penalty.
Mr Miller submitted that he had limited opportunities as a Jumps rider and acknowledged that a monetary penalty was inevitable.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Miller’s admission of the breach and his clear record under this Rule. The Committee assess the number of strikes (13) and (10) as mid – range and the severity at mid – range.
The Committee informed Mr Miller that the JCA Penalty Guide recommended starting point is a $500 fine for a rider's 1st offence.
The Committee note that CANDIDLY went on to win the race and we had regard for the fact Mr Miller is a Jumps rider with limited opportunities.
After taking into account all the above the Committee considers an appropriate penalty is a $400 fine on this occasion.
penalty:
Accordingly, Mr Miller was fined $400.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr D Miller - Class B and D Rider
Otherperson: Mr C Grylls - assisting Mr Miller, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 77fc94c9b48608e9ccba9cab4a9967ed
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cbfbb7f12e02b722a5e0d5339aabc4f1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/08/2015
meet_title: Pakuranga HC - 22 August 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: pakuranga-hc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Pakuranga HC