Pakuranga HC 22 August 2015 – R 2 – Chair, Mr A Dooley
ID: JCA18236
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 22 August 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/08/22
Race Number:
R2
Decision:
As Mr MacNab admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr MacNab was fined $150.
Facts:
Following the running of race 2, Pakuranga Hunt Supporters Group 2200, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr MacNab used the whip excessively on his mount REGALO REAAL.
Mr MacNab 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 excessive.
Mr Oatham demonstrated on the video films that Mr MacNab used his whip 11 times prior to the 200 metres. He said Mr MacNab did stop riding his mount for 4 strides but erred in not stopping for the required 6 strides.
Mr MacNab acknowledged that he struck his mount for a total of 11 times prior to the 200 metres. Mr MacNab pointed out to the Committee that he paused for 4 strides and noted when he reverted to using his whip the horse did respond well.
Submissions for Penalty:
Mr Coles produced Mr MacNab’s record which showed no previous breach under this Rule in the last 12 months. He added Mr MacNab has been riding over a long period of time and had never appeared before a Committee. He submitted a fine in the $100 to $150 range would be appropriate.
Mr MacNab submitted that he had a ride on Thursday and would accept a suspension after that meeting.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr MacNab’s admission of the breach, his clear record under this Rule and his exemplary record over a substantial period of time. The Committee assess the number of strikes (11) as low – range and the severity at low – range. To Mr MacNab’s credit he did stop striking his mount for 4 strides.
The Committee informed Mr MacNab that the JCA penalty guide recommended starting point is a $500 fine for a rider's 1st offence.
The Committee had regard for the fact Mr MacNab is an Amateur rider with limited opportunities and considered this justified a reduction in penalty.
After taking into account all the above and placing emphasis on the notable mitigating factors the Committee considers an appropriate penalty is a $150 fine on this occasion.
JCA Decision Fields (raw)
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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: ff4b4fc11b376425e6fecf638b262534
informantnumber: A4383
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 22/08/2015
hearing_title: Pakuranga HC 22 August 2015 - R 2 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 2, Pakuranga Hunt Supporters Group 2200, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr MacNab used the whip excessively on his mount REGALO REAAL.
Mr MacNab 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 excessive.
Mr Oatham demonstrated on the video films that Mr MacNab used his whip 11 times prior to the 200 metres. He said Mr MacNab did stop riding his mount for 4 strides but erred in not stopping for the required 6 strides.
Mr MacNab acknowledged that he struck his mount for a total of 11 times prior to the 200 metres. Mr MacNab pointed out to the Committee that he paused for 4 strides and noted when he reverted to using his whip the horse did respond well.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr MacNab admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr MacNab’s record which showed no previous breach under this Rule in the last 12 months. He added Mr MacNab has been riding over a long period of time and had never appeared before a Committee. He submitted a fine in the $100 to $150 range would be appropriate.
Mr MacNab submitted that he had a ride on Thursday and would accept a suspension after that meeting.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr MacNab’s admission of the breach, his clear record under this Rule and his exemplary record over a substantial period of time. The Committee assess the number of strikes (11) as low – range and the severity at low – range. To Mr MacNab’s credit he did stop striking his mount for 4 strides.
The Committee informed Mr MacNab that the JCA penalty guide recommended starting point is a $500 fine for a rider's 1st offence.
The Committee had regard for the fact Mr MacNab is an Amateur rider with limited opportunities and considered this justified a reduction in penalty.
After taking into account all the above and placing emphasis on the notable mitigating factors the Committee considers an appropriate penalty is a $150 fine on this occasion.
penalty:
Accordingly, Mr MacNab was fined $150.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr S MacNab - Class E Rider
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 80336a13cdd679656779685b15ddfd70
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
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