Archive Decision

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Pakuranga HC 22 August 2015 – R 2 – Chair, Mr A Dooley

ID: JCA17051

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms M Browne - Class E Rider

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A4382

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Pakuranga HC - 22 August 2015

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2015/08/22

Race Number:
Race 2

Decision:

As Ms Browne admitted the breach we find the charge proved.

Penalty:

Accordingly, Ms Browne was fined $200.

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 Ms Browne used the whip excessively on her mount RAISAFUASHO.

Ms Browne acknowledged that she 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 Ms Browne used her whip 15 times prior to the 200 metres. He said the strikes were a mixture of behind the saddle and on the shoulder.

Ms Browne acknowledged that she struck her mount for a total of 15 times prior to the 200 metres. Ms Browne advised she was not aware that strikes on the shoulder were included in an excessive whip charge.

Submissions for Penalty:

Mr Coles produced Ms Browne’s record which showed no previous breach under this Rule in the last 12 months. He said Ms Browne should be given credit for her admission of the breach. He submitted a fine in the $100 to $150 range would be appropriate.

Ms Browne asked the Committee to take into account that Amateur riders don’t get paid for their rides.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Browne’s admission of the breach and her clear record under this Rule. The Committee assess the number of strikes (15) as mid – range and the severity as low – range.

The Committee informed Ms Browne 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 Ms Browne is an Amateur rider with limited opportunities and considered this justified a reduction in penalty.

After taking into account all the above the Committee considers an appropriate penalty is a $200 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: c6d18cc33270d69c433ff0d5e64f6583


informantnumber: A4382


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 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 Ms Browne used the whip excessively on her mount RAISAFUASHO.

Ms Browne acknowledged that she 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 Ms Browne used her whip 15 times prior to the 200 metres. He said the strikes were a mixture of behind the saddle and on the shoulder.

Ms Browne acknowledged that she struck her mount for a total of 15 times prior to the 200 metres. Ms Browne advised she was not aware that strikes on the shoulder were included in an excessive whip charge.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Browne admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Browne’s record which showed no previous breach under this Rule in the last 12 months. He said Ms Browne should be given credit for her admission of the breach. He submitted a fine in the $100 to $150 range would be appropriate.

Ms Browne asked the Committee to take into account that Amateur riders don’t get paid for their rides.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Browne’s admission of the breach and her clear record under this Rule. The Committee assess the number of strikes (15) as mid – range and the severity as low – range.

The Committee informed Ms Browne 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 Ms Browne is an Amateur rider with limited opportunities and considered this justified a reduction in penalty.

After taking into account all the above the Committee considers an appropriate penalty is a $200 fine on this occasion.


penalty:

Accordingly, Ms Browne was fined $200.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms M Browne - Class E Rider


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7ff976c0495f40a967eacbed76a23496


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 2


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